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01-1337Council File # p � _ \33 � Ordinance # ORDINANCE Presented B� Referred To Crreen Sheet # � � 3'� � y 35 I � i An ordinance amending Chapter 200 of the Saint Paul Legislarive; 2 setting conditions for maintaining a dog designated as "potenrially 3 dangerous", requiring licensees to be at least 18 yeazs of age and 4 establishing appeals procedures for the designations of dogs as 5 "potentially dangerous" and "dangerous", and authorizing dogs to 6 be seized and held pending hearings 9 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 1 Chapter 200 of the Saint Paul Legislarive Code is hereby amended to read as follows: Sec. 200.01. Definitions. As used in this chapter, unless the context otherwise indicates: Animal shall mean any individual member of any of the species of birds, fish, amplubians, reptiles, insects, arachnids, crustaceans or ma.inmals except homo sapiens. Animal control supervisor shall mean the animal control supervisor of the City of Saint Paul or designee. Dog shall mean any male or female of any breed of domesticated dog. 27 Environmental health officer shall mean the 28 person desienated bv the Director of LIEP to make an initial determination 29 of whether an auiinal is potentially dan¢erous or dangerous. 30 31 Hearin o�cer shall mean the person desi agn ted bv the Director of LIEP to heaz apneals 32 from deYerminations of "potentially daneerous" or "dan�erous" animals. 33 S'aH. as, rgaoa 34 Owner shall mean the license holder or any other person or persons, firxn, association or 35 coxporation owning, keeping or hazboring an animal. Any person keeping ar harboring an animal 36 for five (5) consecutive days shall, for the purposes of this chapter, be deemed to be an owner ��� '" ' 1 .� . CITY OF SA1NT PAUL, MIl\TNESOTA 1 thereof. o \ -\33`� 3 Proper enclosure. Proper enclosure means securely confined indoors or in a securelv 4 locked pen or kennel suitable to prevent the animal from escaping and to provide protection for 5 the animal from the elements. A proner enclosure does not include a porch, patio, or any part of a 6 house, gara�e. or other structure that would allow the auimai to exit of its own volition, or any 7 house or shucture in which windows are open or in which door or window screens are the onlv 8 barriers which prevent the anunal from e�tin�. Such enclosure shall not allow the e¢ress of the 9 auimal in any manner without human assistance. A pen or kennel shall meet the following 10 m;n;mum specifications: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 a. Have a minimuxn overall floor size of thirtv-two (321 square feet. b. Sidewalls shall have a minimum hei t of five (5) feet and be constructed of i l-�auge or heavier wire. OpeninQS in the wire shall not exceed two (21 inches. support posts shall be one-and-one-quarter-inch or lazeer steel pipe buried in the ground ei teen (,181 inches or more. When a concrete floor is not provided. the sidewalls shall be buried a minvnum of ei¢hteen (181 inches in the ground• c. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same eauee wire or heavier as the sidewalls and shall also have no openin¢s in the wire greater than two (2) inches. d. An entrance/exit �ate shall be provided and be consiructed of the same material as the sidewalis and shall also have no openines in the wire Qreater than two (2) inches. The ¢ate shall be equipoed with a device caroable of being locked and shall be locked at all times when the animal is in the nen or kennei. Running at large shall mean any animal which is not either: (1) �2) (3) Effectively contained within a fenced area on private properiy; or Effectively resirained, by chain or leash, to private properiy with the consent of the properiy owner; or Effectively restrained by a chain or leash not exceeding six (6) feet in length. Unprovoked. Unprovoked shall mean the condition in which the animal is not pwposely excited, stimulated, agitated or disturbed. It shall be a rebuttable presumption that anv attack on a child fourteen (141 vears of age or younger for which a reasonable person connotes an intent to inflict bodily hann shall be considered to be unprovoked unless the child is en�aged in the commission of a crime or illeeal activitv, including activities classified under Minnesota Statute 343 as cruelty to animals. Sec. 200.02. License required. � No person shall own, harbor, keep or maintain in the City of Saint Paui any dog over three (3) months of age without a license. 1 � p�-1�3`1 2 , , 3 . 4 . 5 . A license is required if the 6 dog is owned, harbored, kept or maintained for three (3) consecutive days or more, except that no 7 license shall be required for dogs whose owners are temporarily within the city, nor to dogs 8 brought into the city for the purpose of participating in any dog show. Owners of unpounded 9 dogs found to be unlicensed shall be charged an administrative fee of fifty dollars ($50). Any 10 properly identified service dog which aids persons who are totally or partially blind or deaf, or 11 haue physical or sensory disabilities, shall be issued a dog license at no charge upon providing 12 proof of certification of tra.ining as a service dog No license shall be issued to any�erson under 13 the a¢e of 18. A minor who owns a do� in the City of Saint Paul must have the dog license 14 issued in the name of a pazent or guardian on his/her behalf. 15 16 (b) Applications for licenses shall require the owner, in addition to any other 17 information re uired bv the animal control supervisor. to supply the name, age, breed, sex, color 18 and mazkings, and rabies vaccination shots, if anv, of each dog sought to be licensed. In addition, 19 the owner shall be required to provide inforxnation on whether the animal has been declazed 20 dan�erous or notentiallv dangerous in anv other municipality. If the owner has been convicted of 21 a violation of secfion 200.10. relative to the do sou�ht to be licensed, the application shall 22 reauire proof of public liability insurance in the minimum amount of three hundred thousand 23 dollars ($300,000.00� 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (cl Licenses shall be available for purchase at the Saint Paul Animal Control Facility and at the Office of License, Tnspections and Environmental Protection (LIEP). Veterinarians. pet shops, anunal facilities and �et ogr ominq facilities who provide a service for do¢s may also act as deputv license vendors. Procedures for the issuance of such licenses shall be established by LIEP. Such establishments shall be required to inform their clients that the Citv of Saint Paul requires that all do�s be licensed.. Sec. 200.03. Fee. The annual license fees required for each dog, whether it be male or female, spayed or unspayed shall be established by ordinance as specified in secrion 310.09(b) of the Legislative Code. If the owner of the dog is sixty-two (62) years of age or older, the annual license fee payable for each dog shall be fifry (50) percent less than the standard fee. A lifetime dog license shall be available to those owners who have their dog(s) tagged with a microchip. Fees for such licenses shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. Any owner with a lifetime dog license shall vaccinate the dog against rabies according to the requirements in section 199.02 and must be prepared to provide proof of rabies vaccination as identified in section 199.03. ....z�,.,:� ,�R. �R..��........�_. - - - - --- : :: � - - - - =-= -=-- = -- ------ :�: - _ .. ... .. • 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Sec. 200.85(14. Dog tags; �eates replacements; records, etc. Upon payment of the license fee, the animal control supervisor shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The tag shall have stamped thereon the year for which it was issued and the number corresponding with the number on the license certificate. Every owner of a dog required to be licensed shall be required to provide such dog with a collar to which the license tag must be affi�ced, and the collaz with tag attached must be wom by such dog at all times. In the event a dog tag is lost or destroyed, a�ieate replacement shall be issued by the animal control supervisor upon presentation of the receipt for the license fee paid for the current yeaz and the payment of a fee as specified in section 310.18 of the Legislative Code. Dog tags shall not be transferred from one (1) dog to another, and no refixnds shall be made on any dog license fee for any reason. The animal control supervisor shall keep a record of ail dog licenses issued, with the name and residence of the person to whom issued and the number designated upon the metal tag fiimished therewith. Sec. 200.8605. Running at large. The license holder, owner or keeper of any canine shall be responsible for the effective restraint of such canine and shall not permit the canine to nxn at large. Any canine which is not effectively contained within a fenced area, or any canine which is on any unfenced azea ar lot abutting a street, alley, public park, school grounds or public place without being effectively restrained by chain or leash from moving beyond such unfenced area ar lot, or any canine on any street, public pazk, school grounds or public place without being effectively restrained by chain or leash not exceeding six (6) feet in length, shall be deemed to be running at lazge. The provisions of this section shall not apply to a dog i£ (1) The dog is licensed by the city or another jurisdiction having similar licensing requirements; (2) The dog is present with an owner ar keeper in an area which as been officially designated and posted as an off-leash dog area pursuant to section 170-06 of the Legislative Code. (3) The dog has not been designated as potentially dangerous or dangerous under sections 200.12(d)-(g) of the Legislative Code; and (4) The dog has not been excluded from the particular off-leash dog azea or the park in which such area is located either for violation of rules and regulations promulgated by the director or under secrion 170.10(e) of the Legislative Code. A second violation of this section within one (1) year shall be punishable by a fine of at least fi$y dollars ($50.00), but not more than three hundred dollars ($300.00). The first violation of this section for a canine that has been declared to be a dangerous dog shail be a misdemeanor punishable by a fine of at least three hundred dollars ($300.00). Invisible (underground electric) fences may be used as a secondary restraint only, and is are not an acceptable replacement for a chain, leash or properly fenced-in area. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 200.8�06. Seizure. � impoundment;, release. b � -\'33'� f al Anv unlicensed do¢ and any do mm�in a� lar�e is herebv declared to be a public nuisance. The environmental health officer is authorized to emplov. subject to the approval of the council, such additional temporary auimal control of�'icers as necess�pture and hold such do�s and to �a, �} temporarv auimal control officers on a fee basis. �b,Ly�erson mav seize, impound or restrain any do� which he may find rnnnin� at lazee in the City of Saint Paul and hold such dog for the auimai control supervisor or deliver such do� to the citv auiinal control center. (cl Any avimal that is found to be in circumstances which to a reasonable person indicate that the a.uiinal has been or will be used, trained or encouraged to fie:ht with another animal, or anv auimal whose owner has in custody_or nossession an�trainin� appazatus, nazaphernalia or dru�s used to preoare such animal to be fou¢ht with another animal, is herebv declazed to be a public nuisance and shall be immediatelv seized and taken to the citv animal control center. (dl Anv do�which meets the definitions found in Section 200.12(al mav be seized and held at animal control pendin� a determination that the dog is daneerous or potentially dangerous. No do�shall be released priar to the hearin� until the owner has rorovided proof of current rabies vaccination and a current license. The environxnental hearinQ officer mav require, as a condition of releasin¢ the dog_prior to the hearine, that the owner show nroof of a liabilitv insurance policy in the amount of $300.000 if the attack or bite involved serious iniurv requiring medical treatment for the victim or there is reason to believe that the doe will not be �roperly maintained durin� the appeal process. 29 (el Any dog which is found in circumstances which would lead a reasonabie person to 30 believe that its health is endan�ered shall be immediatelv seized bv the environmental health 31 officer or anv of his/her duly authorized assistants, or anypeace officer, or animal control officer 32 or an�person dulv authorized in writin�y the environmental health officer and taken to the citv 33 animal control center or to a veterinarian if necessary for immediate treatment. 34 35 �f It shall be the duty of the environmental health officer or any of his/her duly 36 authorized assistants, or any peace officer, or aniinal control officer or any person duly 37 authorized in writing by the environmental health officer, to capture, seize and deliver to the 38 environmental health officer, or the keeper of a�}ie��ett� the city's animal control center, or 39 to any suitable place to be approved by the environmental health officer, any dog found nmving 40 at large within the City of Saint Paul contrary to the provisions of this chapter and any dog found 41 within the City of Saint Paul unlicensed or not wearing the metal tag provided for in this chapter 42 in violation of the provisions of this chapter. 43 . . Ail dogs conveyed to the deg 44 �etu� animal control center shall be kept, with kind ireahnent and sufficient food and water for 45 their comfort, at least five (5) days after the impounding thereof, uniess sooner reclaimed by their 46 owners as herein provided. In case the owner of any dog shall desire to reclaim him from the dog 47 pound, such dog may be released from the dog pound upon payment by such owner of the sums 48 required by section 200.0$7. Said payments shall be made to the animal control supervisor, in 49 retum for which the owner shall receive from the animal control supervisor a receipt showing 50 that the license fee has been paid, and a regular license and tag for such dog shall be issued upon 51 presentarion of such receipt to the license inspector. If the owner of the dog seized or impounded 1 under the provisions of this chapter does not resume possession of said dog by compliance with 2 the foregoing provisions within five (5) days after the seizure or unpounding thereof, said owner 0\_�,3 3� 3 shall forfeit all right of property in such dog. 4 5 Sec. 200.8$07. °--�-�� Fees for impounding and boardinE. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Any dog captured and impounded under the provisions of this chapter shall be released only on the payment of a�etn� an impound fee, plus an additional board charge for each day or fraction of a day during which the dog is impounded. If the impounded dog is unlicensed, in addition to the impounding and boazding fee, the dog shall not be released without the payment of the prescribed license fee. The designated fees under this chapter shali be established by ordinance as provided in section 310.09(b) of the Legislative Code. Sec. 200.8908. No interference with officer, etc. It shall be unlawful for any person to molest or in any way interfere with any peace officer, animal control supervisor, Ramsey County humane officer, park ranger, or any duly authorized assistants, or with any duly authorized agent or any person authorized by the environmental health officer, while engaged in performing work under the provisions of this chapter, or to tamper with, damaee or othenvise interfere with the equipment used by them in the course of their duties.. . . . , . - • - -- --- --- �-- - --- - -- - - .�,.,..s - - --- � -- - -- - - - �� . - --- --- -- -- - - - - -- - -- -..����._�..R�� - -- - - - - '- --- - - - - --- - - - -- --- � - - - - - - - - - - - - - -- - - - -- - . - - - - -- - --- - - -- -- - - - - - - -- -- -- - -- - -- - - - - -- --- - - -- - ------ -- -- -- - -• -- - -- - -- - --- - - - : - - - - - - - - - - - - - - -- - - -- - - - � - - - ----- - - - - - - -- - - - --- --- - -- - - - - - - �� .A� 41 42 43 44 45 46 47 48 49 50 51 Sec. 200.3�09. Cleaning up litter. (a) The owner of any dog or any person hauing the custody or control of any dog shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary GIY•TiTiT�� (b) It is unlawful for any person owning, keeping or harboring a dog to cause or permit said dog to be on property, public or private, not owned or possessed by such person without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by such person. 0�-�33'1 3 (c) It is unlawful for any person in control of, causing or pernutting any dog to be on any 4 property, public or private, not owned or possessed by such person to faii to remove feces left by 5 such dog to a proper receptacie located on properiy owned or possessed by such person. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (d) The provisions of this secrion shall not apply to the ownership or use of any properly idenrified service dog which aids persons who aze totally or partially blind or deaf or have physical or sensory disabilities, dogs when used in police activities by the city, or traclang dogs when used by or with the permission of the city. (e) Any person violating this section shall be punished by a fine of ten dollazs ($10.00) or five (5) hours of public lands fecal clean-up. Any person who is found guilty of subsequent violations of this section shall be punished by a fine of at least twenty-five dollars ($25.00) but not more than fifty dollars ($50.00). ( fl Any peace officer, animal control officer, pazk ranger, or any duly authorized assistant, or any duly authorized agent, or any person authorized by the environmental health officer should be responsible for issuing the tags. Sec. 200.10. Attack by an animal. It shall be unlawful for an owner ar custodian to fail to restrain an animal from inflictina or attemprina to inflict bodilv injury to anv person or other animal. Violation of this sec6on shall be a misdemeanar. This section shall not applv to an attack bv a doe under the control of an on-duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criminal intent. Sec. 200.11. Potentially dangerous animals. (a) A potentiallv danQerous animal is an animal which has: � When unprovoked. bitten a human or a domestic animal on public or private propertV; or 35 � When unprovoked, chased or a�proached a person upon the streets, 36 sidewalks, or any�ublic or private propertv, other than the dog owner's 37 Uroperiy, in an apparent attitude of attack; or 38 39 � A lrnown history or propensity, tendency or disposition to attack while 40 unprovoked, causing injury or otherwise threatenin� the safety of humans 41 or domestic animals. 42 43 (bl Desi2nation as potentiallv dangerous animal. The environmental health officer shall 44 desi�nate anv aiiimal as a potentially dan¢erous auimal upon receivin¢ evidence that the animal 45 meets anv of the criteria in subdivision (a). When an animal is declared potentially daneerous. 46 LIEP shall cause the owner(sl of the potentiallv danQerous animal to be notified in writine that 47 such aniinal is potentially dangerous. An animal that has been determined to be potentially 48 dangerous must be microchipped in accordance with &200.16, and mav be required to complv 49 with one or more of the followine conditions: 50 51 � The owner of a dog may be required to complete an approved do� obedience C� � The aiunial may be required to be muzzled and restrained bv chain or leash not to exceed siY feet in length and under the control of a person ei teen vears of age or older at all times it is outdoors and not inside a proner enclosure O � -\'3 3� (3� The owner ma,�required to show proof of up to date rabies vaccination and. if required, licensing, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (c) Procedure. The environmental health officer shall notify the owner(sl of the animal in writing or in person that the animal has been determiued to be potentialiv dangerous and shall snecify what. if any conditions are bein�required of the owner. This notice shall state the date. time, place, and roarties bitten, chased. attacked or threatened by the auimal, and shall advise the owner that thev haue fourteen (14) days to appeai the detem�ivation or the imposirion of conditions on maintaining the d� bv requestin� a hearine before the LIEP hearin¢ officer. � If an owner requests a hearing, a date shall be set not more than three weeks after receipt of the demand for a hearine. The hearin� officer may consider all records of the Office of LIEP. Animal Control, as well as police reports without the necessity for further foundation. After considering all of the evidence, the hearina officer shall issue a written order which rejects or upholds the determina6on. If the hearing officer upholds the determination as potentially daneerous, the order mav affirm or modifv the conditions recommended by the environmental health officer. If as a result of tesrimony ar other evidence at the hearin¢ there are erounds for declarin¢ the do2 to be dan e¢ rous pursuant to Sec. 200.12, the hearin¢ officer mav chan¢e the desi¢nation and issue the appropriate orders. (21 If an owner fails to complv with anv conditions specified in the order and fails to request a hearine under subdivision (c�(1), the dog shall be seized. The animal mav be reclaimed bv the owner as set forth in &200.121(c� � Review of desiQnation. The environmental health officer may review the status of a do¢ which has been determined to be potentially dangerous if a period of two years has passed without any further incidents under section (al above and mav use discretion in determining �` whether anv condirions which have been ordered are still required. � �. Sec. 200.12. Dangerous animals. ---- -' - - - -- - - -' - -- - - - - --- - - - - - - - - -- - - -- - --- - - -- - - - --- =- --- -- - - --- ---= - - - - - - - --- -- - - - -- - - .. .. - --- -- - - - - ---- -- •• - - :: ---- - - - - --- --- -- - -- - - - - •- - - -- - - - - o+�.�� II�IIII�/�1IlTRA%I1� 1 (�a) A dangerous animal is an animal which has: Q\_ ,�,�� 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 �1 a.- Without provocation Ecaused bodily injury or disfigurement to any person on pubiic or private properiy; or 2�H. Without nrovocation £engaged in any attack on any person under circumstances which would indicate danger to personal safety; or � Eachibited unusually aggressive behavior, such as an attack on another aiumal; or �. Bitten one (1) or more persons on two (2) or more occasions; or S�e. Been found to be potentially dangerous and/or the owner has personal laiowledge of the same, and the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals; or �€ �its �Fresh wounds, scarring, or is observed in a fight, or has other indications which to a reasonable person evidence that the animal has been or will be used, trained or encouraged to fight with another animal; or whose owner has in custod �}_or possession anv n'ainin�ap azp atus• roazaphernalia or dru¢s used to prenare such animal to be fou hg t with another animal. ' -- - - - -- - - - -- : •-- - - -- - -- - - - - - -- -- - -- - : - •. : - - :,- �:...:...:,:..:...�..�..�...�.,�- - - - - - -- - - - - - - - - • - _ - - • - - - - - - - -- - -- - - - - - - -- - -- '- --- - - - - - - -- 2 0 6 7 9 1� IL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 -- - -- - - ----- - ------ - - -- - ----------- - - - - - - '--- -- - - - - ---- - - - - .- ----- - -- -- - --- - - - - - --- - --- --- - - -- - -- - .-- °- --- - -- -- - - - --- .----- - -- - - --- - - - _ � _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Y_ ' _ "' _' : ����� ='� - •i�:aruab��:r•etn��ir.�i�Gr�vi��i�n��r __ _ _ _ _ _ _ _ _ _ _ _ Y . _ - - - --- --- - -- - - -' - - - - - -- - -- - :- - - - --- - - -- - --- - - - - - •- - - - - - - - - - -- - - - --- - - :. - --- - - _ - - - - -- - - .-- .:: - - -- ---- - -� -- - - - --- - - -- -- -- --� -- - - -- - - - - • -- 34 (eb) Designation as dangerous animal. The eettr�e� 35 environmental health officer shall designate any animal as a dangerous 36 animal upon receiving evidence e€� that the animal meets anv of the criteria in 37 subdivision (al. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 - - - - - - - - - - - - - - - - - - - - ��s!Re�Rr!s��e�!s�sr!e,.esR.fesn. -- - - -- - - --- -- --- - -- - - - ----- - - - -"-�'�'-'.�'�--- a��v � �.���ine�:�.a6ir•�i��iid��inn�:n�i��ii�t:i:�.u�nS.r.��r�..e viiwir.�•�diw:�.�:iir.einir.�9:a:�. ,:..�.,..:.,:.��,,...::� ,.�.. �ca��in�wn�6ir•�i�u�r•n�idn� "�iiiSuv��i�n�i�ava:�ni�e�..�a:�o��n+nii•�iv�iioriivia'vi !!!!f!f . l�l�l�lt�•RV� 01-\73`1 1l�� �ir.ne�nbirniuiir.f�in.na:idn�ioiilv��a'v�iini�:ii�:�r:lvinibi�4-.av�+ai��iiiL�:ai�ii�i.!�TVin � 6 7 9 1� 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 b. If an owner renuests a hearine for deternrination as to the dangerous nature of the animal, the hearing shal] be held before the LIEP hearine officer not more than three (3) weeks after demand for said hearin�. Pendine a hearin¢ on the determinarion, the animal mav be seized and kept at animal control unless the owner shows proof that the animal is licensed, has met the requirement. if anv, for rabies vaccinations, and aerees that the animal will not be permitted to be outside without bein� in a�roroer enclosure or bein� restrained on a leash and wearin� a muzzle. 34 c. The records of the Office of License, Inspections and Environmental 35 Protection, includin¢ those of Animal Control, and any police reports 36 relating to an attack or bite shall be admissibie for consideration bv the 37 hearin� officer without fiirther foundation. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 0 Y_ _ _ _ _ _ _ _ _ _ _ _ _ _ � 7��� ��t • �� • Y . . _ , - :%•+r.�i - - -- - - -- - - -- ------- -- - -- � (cl Procedure. The environmental health officer, after ha�in¢ detenniued that an auiuial is daneerous, mav proceed in the followin� manner: O\-\'S3� � The ownerLl of the animal shall be notified in writin oe r in person that the animal has been detenniued to be dangerous and that the aniinal is to be seized and destroved or that the owner must complv with the conditions set forth in &20012. This notice shall state the dates, times. places and facts of the incidents which form the basis for the determination, and that the owner(sl haue fourteen 14) da� to appeal the detenmination bv requestin¢ a hearine before the LIEP hearing officer. a. If no appeal is filed, the orders issued will stand. � � d. ABer considerin¢ all evidence pertainin¢ to the temroerament of the auiinal, the hearing officer shall make such order as he/she deems uroper. The hearing officer mav order that the animal control supervisor take the animal into custodv for destruction, if such aniinal is not currentiv in custod� If the animal is ordered into custodv for destruction, the owner shall immediatelv make the animal auailable to the animal control sunervisor and failure to do so shall be a misdemeanor. Nothing in this section shali prevent the environmental health officer from orderina the immediate seizure and c�uarantine of a rabies-susnected animal. Anv person who fails or refuses to release an animal to an animal control officer or police officer upon demand, after it has been found by the environmental 2 3 4 10 11 12 13 14 15 16 17 18 19 2� 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 � health officer to be daneerous and ordered into custodv for destruction, shall be p_uilYV of a misdemeanor. O 1-\'3 ��l The environmentai health officer ma�apnlv to the district court of Ramsev Coun for subpoenas for hearines under paragraph (llb. above. (€e) Authority to order destruction. The hearin¢ officer, upon finding that an auimal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the aniuial be destroyed based on a written order containing one (1) or more of the following findings of fact: (1) �2) The auimal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without wazving or multiple attacks; or The owner of the auimal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other auimals. I ____ Y _ ' - -- - - - :- -- - - " _ " _- : _�v�:�b�eii�i•�iniir.�aG�.riS�:r " ---- - - - --- - -- - - - - - ' --- - - - - -- - --- - ----- - • - -- -- --- -- -- - -- - - ---- -- - -- - - ----- --- -• - -- - - - ----- -'� - - --- -- i: - - - - -- - - - - - - - -- -- ---- -- - -- - - -- .- - - -- -- - - - - -- - - -- - - - :.- - - - ---- - - - --- - ----- - ---- - - - -.-- -- - - - •• - - '- -- - -- yAlr����1�1A�1�1 a � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ,�--.'..�.::!'�3�:.'�'-.'°.:�.:,::.'�" R�'� Y_ Il�i���l�l�I��'��liJ����lq��i�.���t� ����l�l��l�l�l���R�'L�.��I�l�'�5�1��14i�1�1��1�iR�l!��i I��r����l�S�l' l�l�l��i�1'�aV t�lr�ilil�l�lil�w�\V �il�P���iRT1���l�a�l�ii��r�R�Y�f�lia��l�l��li<i�'i 0 � -�'�3 �1 (� Stopping an attacic If any police officer or auimal control officer is witness to an attack by an auimal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent fiirther injury to the victim. (zg) Notifzcation of new address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the environmental health officer in writing if the animal has died or is to be relocated from its current address or given or sold to another person. The norificarion must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. If the auiinal has died, notification must be given no latez than fourteen (14) days after the auiuial's death. The notificarion must include the current owner's name and address, the relocafion address, and the name of the new owner, if any, and in the case of the death of the animal must include the date of death and the name of anv attendinQ veterinarian as well as information relating to the disposal of the animal. Sec. 200.121. Dangerous animal requirements. (a) Requirements. If the court or environmental health officer does not order the destruction of an animal that has been declazed dangerous, the court or environmental health officer shall, as an alternative, order any or all of the following, excepting for dogs, in which case all shall be applicable and which will be reviewed on an annual basis by the animal control officer. If, in reviewin� the conditions for keepin� a dan�erous dog there have been no ordinance violations for a period of two years, the environmental health officer may use discretion in determinine whether the conditions set forth below are s611 required: (1) �2) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in section 200. �-2{e)(3j01; and Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; and (3) Provides and shows proof annually of public liability insurance paid in full in the minimum amount of three hundred thousand dollazs ($300,000.00). The owner shall haue fifteen business davs from the request to show nroof of insurance. exc t that i�f the animal is impounded, proof of insurance must be demonstrated prior to the animal's release; and (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet in length) and under the physical restraint of a person eighteen (18) yeazs of age or older. The muzzle must be of such design as to prevent the dog from biring any person or animal, but will not cause injury to the dog or interfere with its vision or respirarion;and (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to the dog's collar at all times as 1 specified in Minnesota Statute 347.51; and 2 � \ -��33`l 4 5 (6) Provides and shows proof of microchip idenrification as required in section 200.16; and (7) All auimals deemed dangerous by the environmental health officer shall be registered with Ramsey County within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the environmental health officer. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3] 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ($� If the animal is a dog, the dog must � have a lifetime license and be up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccinarion. (b) Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the animal is dangerous and no appeal has been filed. �e (c) Reclaiming animals. A dangerous animal seized under subsection 200.121(b) may be reclaimed by the owner of the animal upon payxnent of impounding and boazding fees, and presenting proof to animal control.that each of the requirements under subsection 200.121(ab) is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under section 200.12(€,, and the owner is liable to animal control for costs incurred in confining the animal. (d) Subsequent offenses. If an owner of an animal which has been declared dan¢erous and is subject to the conditions of §200.121 has � alle�y failed to com�ly with the � conditions, the animal must be seized by animal control. Notice shall be provided to the owner of the basis for the seizure and the riQht to �ke-e�ner�nay request a hearing . before the LIEP hearin� officer to determine whether the conditions were violated. A request for hearingmust be made within fourteen davs of the seizure. If the owner fails to request a hearin¢ within fourteen days, ar is found to haue violated th , conditions. the LIEP hearine officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to have violated the conditions. °--°�, the owner may reclaim the animal under the provisions of subsection 200.121(c). > ,' . (e) Registration fee. An owner of an animal that has been declared dangerous shali pay an annual registration fee of seventy-five dollars ($75.00). If the aniinal has been impounded, the fee shall be paid prior to the animal's release. Sec. 200.13. Destruction of unclaimed dogs. At the expiration of the time a dog is impounded as provided for in this chapter, if said dog has not been reclaimed in accordance with the provisions hereof, it shall be the duty of the 1 environmental health officer to cause such dog to be �He� destroved according to the most 2 humane and approved methods, or otherwise disposed of, as directed by the environmental health 3 officer. O\ 0 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Sec. 200.14. Dogs; disturbing the peace; enforcement It shall be unlawful for any person to own, keep, have in possession or hazbor any dog which howls, yelps or barks to the reasonable annoyance of another person or persons. Any person violating this section, who upon first request by a peace officer, or the auimal control supervisor to stop or prevent the annoyance, and refuses to comply with the request, will be issued a citation or arrested in accordance with the Minnesota Rules of Criininal Procedure, and, if the officer deems it necessary to stop the annoyance, may have the dog taken to the city animal �etn� control center. Any dog placed in the � animal control center may be reclaixned by the owner upon payxnent of the fee prescribed in section 200.087, and if not reclaimed may be disposed of in the manner provided in section 200.13. Sec. 200.15. Masimum number of dogs. No more than three (3) dogs of over the age of three (3) months shall be kept, harbored or maintained within any individual dwelling unit ar on any lot or other parcel of property in the city without a permit. The number of dogs permitted above may be increased by obtainiug a pernut issued by the --_�___.___..., ti__,.ti _r�,.,._ �imal control supervisor. Such permit shall specify any restrictions, limitations, conditions or prohibitions which the environmental health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such permit may be modified from time to time or revoked by the �---=-__W __..., L., .laL _CC. �._. annnal control su ep rvisor far failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified maJl to the person or persons keeping or maintaining such dogs. Denial, modificarion or revocation of a roermit issued under this section shall be aproealable to the LIEP hearin� officer. Sec. 200.16. Microchip identification required. The owner of a dangerous dog is required to haue a microchip installed or injected on the animal. The microclup shall be installed in or injected under the skin of the animal by a licensed veterinarian and shall be designed so that, when scanned by an electronic reader, it is capable of providing the idenrification of the dog's owner. An appropriate fee shall be paid by the owner to the licensed veterinarian for the microchip and the regisirarion of the dangerous dog. The identification of the owner and residence shall be maintained on file at the city pound. Sec. 200.17. Collars, leashes, tie outs. Collars. Collars may not exceed two (2) pounds in weight and must be made of durable material strong enough to hold the dog it is intended for. Collars may not be equipped with any type of prongs or wei�hted devices on the inside of the coilar that may cause injury or discomfort to the auimal's neck. Leashes. Leashes must not exceed six (6) feet in length and may not exceed four (4) pounds in total weight. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Tie outs. Tie outs must be at least three (3) times the length of the animal secured to it and may not exceed ten (10) pounds in total weight. Tie outs must be of durable material, strong O �—\1� enough to hold the animal it is intended for. Any auimal secured with a rie out must be so in an azea that would not allow the auiinal to become tangled around objects while aliowing access to shelter and water. Tie outs must be placed in such a location as to inhibit the animal secured from reaching a public sidewalk, street or aliey. �rlse; tThe rie out must not allow the secured animal access to any neighboring property unless written permission has been obtained from the properiy owner. Sec. 200.18. Appeal process. An order bY the LIEP hearin� officer may be appealed bv writ of certiorari to the Court of Appeals. An order of the LIEP hearinQ officer for the destrucrion of an animal shall be stayed upon receipt of a norice of a�peal by LIEP within fourteen davs of the service of said order. Section 2 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Requested by Department of: Sy: Form Approved by City Sye CextiEied by Council Secxetaxy By ' -b` Approved by By: for Snbmission to Council by Maydr: %11� �� �:'!% � �.�✓ Adopted by Council: Date ��, ` `ap p y � OFFICE OF LIEP Date: � xoqer Curtis, Dix'eCtox' December 19, 2001 GREEN SHEE'�' ' 266-9013 No . 10 3 314 O 1 HPAR1'MENT DZRECtOR 8 4 ITY COONCIL � ITY ATTORNEY 8 ITY CLERK x�aw� ust be on CounCil Agenda by: �ncET DI�cTOx IN. E MGT. SVC. ➢IR. s Soon As Possible xox (OR ASSISTANl) " AL # OF SIGNATQRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: An ordinance re-numbering and re-arranging current language on angerous dogs, adding provisions to current language that make a dog license older be eighteen years of age or older, placing more conditions on potentially , angerous dogs, requiring both potentially dangerous and dangerous dogs to be icrochipped, allowing dog owners to appeal the potentially dangerous esignation, allowing the dangerous dog designation to be removed if animal has ' een law-abiding for two years since most recent bite, allowing LIEP to seize and ,, old a dog involved in a serious incident until insurance has been provided 4 ending the outcome of an appeals process. � CObIl3ENDATIDNS: APPROVE (A) OR REJECT (R) ERSONdL SERVICB CONTRACTS MOST ANSWER THS FOLIqA`ING: " PLANNZNG COMMISSION CIVIL SHRVICE COMMISSION 1. Has Che peison/fiim ever wotked mmdet a contract £or this deparLment? CIB WM[fITTEE _ BUSINESS REVIEW COUNCIL YES NO � STAFF _ Has this penson/£izm ever been a City employee? � DISTRICT COURT YES NO Does this person/firm possess a skill not nozmally possessed by any UPPORTS WHTCH COUNCIL OBSECTIVE? Cuzrent City employee? YES NO ' xplaia all YES aaswers oa a aeyarate sLeaG and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Current , ordinance is confusing to both LIEP and the public. An easier to understand ersion would help people understand their rights. Currently minors can license - ogs within the City -- leading to potential problems for the public. The '".'ordinance makes it easier for LIEP to declare a dog potentially dangerous. �;. Potentially dangerous dogs have been hard to keep track of due to lack of a. ';�.". icrochip. Currently, owners are not allowed to appeal the potentially dangerous esignation and the'animal can never be removed from the dangerous dog list no atter how well behaved the animal has been. ; DVANTAGES IF APPROVED; Compliance with state law. A more streamlined and '"consumer friendly" system for dealing with difficult animals. ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: Continuation of a confusing and complicated system . of dealing with the increasing problems of more and more dangerous dogs in the ity. s. '�`' OTAL AMOUNT OF TRAIQSACTION $ COST/REVENUE BUDGETED YES NO ��: :-� FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � .. � �° -'`. I r ,�f o�_ t33� CITY OF SAINT PAUL Norm Calemars, Mayor DATE: December 19, 2001 TO: Saint Paul City Council FROM: Christine Rozek, LIE�✓ Bill Stephenson, Aniin ontrol RE: Dog Ordinance OFfICE OF LICENSE, INSPECIIONS AND ENVIRONMENTAL PROTECTION Roger Curlis, Director LOWRYPROFESSIONALBUILffiNG Telephone: 657-266-9090 350 St. Peter Street, Suite 300 Facsi»dle: 65I-266-9124 SaintPaul,Minnesota55101-ISIO Web: www.ci.slpauLmnus/liep Summary of Proposed Revisions to Chapter 200 of the Legislative Code: 1. The text has been renumbered and rearranged to make the Chapter more logical. 2. Dog license holders must now be at least 18 years of age. 3. LIEP will now be able to place conditions on potentially dangerous animals in an attempt to prevent further aggressive behaviors that could result in injury. 4. Both potentially dangerous and dangerous dogs will be rec�uired to be microchipped (same as state law) if maintained within the City. 5. This ordinance will allow dog owners to appeal the potentially dangerous designation. 6. Dog owners maintaining a dangerous dog within the City will be able to request the removal of some or all of the conditions placed on the dog if the dog remains "law abiding" for two years after the most recent bite. �. This revision will pernrit LIEP to seize and hold a dog involved in a serious incident until insurance has been provided pending the outcome of an appeals process. CARscs Council File # p \ � \�'3 � Ordinance # Green Sheet # 1 u 3 3 �y ORDINANCE CITY OF SAINT PAUL, MINNESOTA �� Presented By Referred To Committee Date :, An ordinance amending Chapter 200 of the Saint Paul egislative setting conditions for maintaining a dog designated "potentiall} dangerous", requiring licensees to be at least 18 y s of age and establishing appeals procedures for the designat ns of dogs as "potentially dangerous" and "dangerous", and thorizing dogs to be seized and held pending hearings THE COUNCIL OF THE CITY OF SAINT Chapter 200 of the Saint Paul Legislative Sec. 200.01. Definitions. As used in this chapter, Animal shall mean any amphibians, reptiles, insects, a Animal control Paul or designee. ORDAIN: 1 hereby amended to read as follows: context otherwise indicates: �I member of any of the species of birds, fish, crustaceans or mamuials except homo sapiens. shali mean the animal control supervisor of the City of Saint Dog shall mean�ny male or female of any breed of domesticated dog. I health officer shall mean the person desi¢nated by the Director of LIEP to make an initial determination Owner shall mean the license holder or any other person or persons, firm, association or corporation owning, keeping or harboring an animal. Any person keeping or harboring an animal for five (5) consecutive days shall, for the purposes of this chapter, be deemed to be an owner thereof. 01-1�'3� Proper enclosure. Proper enclosure means securelv confined indoors or in a securelv locked pen or kennel suitable to prevent the atiimal from escapin�provide protection for the auunal from the elements. A proroer enclosure does not include a porch, patio, or any part of a house, earage, or other structure that would allow the aniinal to exit of its own volition, or anv minimum specificarions: a. � inches in the ground" c. � Running at Zarge shall mean (1) Effectively animal which is not either: within a fenced azea on private property; or (2) Effectively res ained, by chain or leash, to private property with the consent of the property er; or (3) Effectivel restrained by a chain or leash not exceeding six (6) feet in length. Sec. 200.02. License required. �a,2 No person shall own, harbor, keep or maintain in the City of Saint Paul any dog over three (3) months of age without a license. 0 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 , , ° d i -i�3�1 . A license is required if the dog is owned, hazbored, kept or maintained for three (3) consecutive days or more, except that no license shall be required for dogs whose owners are temporarily within the city, nor to dogs brought into the city for the purpose of participating in any dog show. Owuers of im ounded dogs found to be unlicensed shall be charged an administrative fee of fifty dollars�0). Any properly identified service dog which aids persons who aze totally or partially b d or deaf, or have physical or sensory disabilities, shali be issued a dog license at no chaz upon providing proof of certification of trainiug as a service dog, No license shall be issue to any person unde issued in the name of a parent or euardian on his/her behalf. dollars ($300,00O.00Z reauires that all does be licensed.. Sec. 200.03. Fee. 35 The annual license fe required for each dog, whether it be male or female, spayed or 36 unspayed shall be establish by ordinance as specified in section 310.09(b) of the Legislative 37 Code. If the owner of the og is sixty-two (62) years of age or older, the annual license fee 38 39 40 41 42 43 44 45 46 47 48 49 50 51 payable for each dog shall be available to � licenses shall be esta Code. Any owner w the requirements i s identified in sec ' n be fifty (50) percent less than the standard fee. A lifetime dog license e owners who have their dog(s) tagged with a microchip. Fees for such shed by ordinance as specified in section 310.09(b) of the Legislative a lifetime dog license shall vaccinate the dog against rabies according to :ion 199.02 and must be prepared to provide proof of rabies vaccination as 199.03. -- .. - --- -- - - - ------ - - �..�:.■..s��i .. ... .. - - , 3 4 5 Sec. 200.6504. Dog tags; �uugfieates replacements; records, etc. 6 7 Upon payxnent of the license fee, the aiumal control supervisor shail issue to the owner a 8 license certificate and a metallic tag for each dog so licensed. The tag shall have stamped th eon 9 the year for which it was issued and the number corresponding with the number on the li se 10 certificate. Every owner of a dog required to be licensed shall be required to provide s dog ll with a collaz to which the license tag must be affixed, and the collaz with tag attac ' must be 12 worn by such dog at all times. In the event a dog tag is lost or destroyed, a renlacement 13 shall be issued by the auimal control supervisor upon presentation of the rece� " t for the license 14 fee paid for the current year and the payment of a fee as specified in sectio �31018 of the 15 Legislative Code. Dog tags shall not be transferred from one (1) dog to other, and no refunds 16 shall be made on any dog license fee for any reason. The animal con 1 supervisor shall keep a 17 record of all dog licenses issued, with the name and residence of the'person to whom issued and 18 the number designated upon the metal tag fiirnished therewith. : 19 � 20 21 Sec. 200.8605. Running at large. 22 23 The license holder, owner or keeper of any can� e shall be responsible for the effective 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 restraint of such canine and shall not permit the a effectively contained within a fenced area, or any abutting a sireet, alley, public pazk, school grounc restrained by chain or leash from moving beyo street, public park, school grounds or public p ce or leash not exceeding six (6) feet in length,. hall provisions of this section shall not apply t a dog if: (1) The dog is licensed by t17� city or another jurisdiction having similar licensing requirements; �'� (2) The dog is present ith an owner or keeper in an area which as been officially designated and po ted as an off-leash dog area pursuant to section 170-06 of the Legislative Cod . (3) The dog has ot been designated as potenrially dangerous or dangerous under sections 20 .12(d)-(g) of the Legislative Code; and (4) The do as not been excluded from the particular off-leash dog area or the park in whi such area is located either for violation of rules and regulations pro lgated by the duector or under section 170.10(e) of the Legislative Code. im to run at lazge. Any canine which is not c" ine which is on any unfenced azea or lot l� or public place without being effectively such unfenced area or lot, or any canine on any without being effectively restrained by chain be deemed to be running at lazge. The 47 A second viol on of this section within one (1) year shall be punishable by a fine of at least 48 fifty dollars 50.00), but not more than three hundred dollars ($300.00). The first violation of 49 this sectio for a canine that has been declared to be a dangerous dog shall be a misdemeanor 50 punisha e by a fine of at least three hundred dollars ($300.00). Invisible (underground electric) 51 fences may be used as a secondary resiraint only, and is are not an acceptable replacement for a chain, leash or properly fenced-in azea. 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Si Sec. 200.8906. Seizure. � impoundment; release. b�-t'�3`} (al Anv unlicensed do2 and an�oe n,nnin¢ at large is hereby declazed to be a public nuisance. The environmental health officer is authorized to employ, subject to the approval of the does and to pay temporarv auimal control officers on a fee basis. do¢ to the citv animal control center. maintained durin¢ the a�peal process. �f It shall be the duty of t�a`e environmental health officer or any of his/her duly authorized assistants, or any authorized in writing by the environmental health officer to any suitable place to be at large within the City o S� within the City of Sain au] in violarion of the pro 'sion: pea e officer, or animal control officer or any person duly ironmental health officer, to capture, seize and deliver to the r the keeper of a-�}ie-�eun� the citv's animal control center, ar proved by the environmental health officer, any dog found running int Paul contrary to the provisions of this chapter and any dog found unlicensed or not wearing the metal tag provided for in this chapter of this chapter. . . All dogs conveyed to the deg � animal con ol center shall be kept, with kind treatment and sufficient food and water for their comfort, at east five (5) days after the impounding thereof, unless sooner reclaimed by their owners as here� provided. In case the owner of any dog shall desire to reclaim him from the dog pound, such og may be released from the dog pound upon payment by such owner of the sums required by section 200.OS7. Said payxnents shall be made to the animal control supervisor, in retum for which the owner shall receive from the animal control supervisor a receipt showing that the license fee has been paid, and a regular license and tag for such dog shall be issued upon presentation of such receipt to the license inspector. If the owner of the dog seized or impounded under the provisions of this chapter does not resume possession of said dog by compliance with the foregoing provisions within five (5) days a8er the seizure or impounding thereof, said owner shall forfeit all right of property in such dog. ��� L 3:37 Sec. 200.9$07. ° Fees for impounding and boardin¢. Any dog captured and impounded under the provisions of this chapter shall be released only on the payment of a�etta� an impound fee, plus an additional boazd chazge for each day fraction of a day during which the dog is impounded. If the unpounded dog is unlicensed, � addition to the unpounding and boarding fee, the dog shall not be released without the p, en of the prescribed license fee. The designated fees under this chapter shall be establishe by ordinance as provided in section 310.09(b) of the Legislative Code. Sec. 200.8908. No interference with officer, etc. It shall be unlawful for any person to molest or in any way interf e with any peace officer, axiiinal control supervisor, Ramsey County humane officer, p ranger, or any duly authorized assistants, or with any duly authorized agent or any pers authorized by the environmental health officer, while engaged in performing work� der the provisions of this course of their duties. . . . , . - - - �:�..,:a� 70 7 Sec. 200.i 1-09. (a) The responsible for manner. up litter. of any dog or any person having the custody or control of any dog shall be ig up any feces of the animal and disposing of such feces in a sanitary (b) It � unlawful for any person owning, keeping or harboring a dog to cause or permit said dog to on properiy, public or private, not owned or possessed by such person without having in is/her immediate possession a device for the removal of feces and depository far the transmission of excrement to a proper receptacle located on the property owned or possessed by such person. 0 (c) It is unlawful for any person in control of, causing or permitting any dog to be on any properry, public or private, not owned or possessed by such person to fail to remove feces left by such dog to a proper receptacle located on property owned or possessed by such person. (d) The provisions of this section shall not apply to the ownership or use of any pro rly idenrified service dog which aids persons who are totally or partially blind or deaf or hav physical or sensory disabilities, dogs when used in police activities by the city, or trac " g dogs when used by or with the pernrission of the city. (e) Any person violating this section shall be punished by a fine of ten dollazs ($10.00) or five (5) hours of public lands fecal clean-up. Any person who is found guilty,b�f subsequent violations of this section shall be punished by a fine of at least twenty-five �ollars ($25.00) but not more than fifty dollars ($50.00). � ( fl Any peace officer, animal control officer, pazk ranger, or a4iy duly authorized assistant, or any duly authorized agent, or any person authorized�the environmental health officer should be responsible for issuing the tags. (a) A potenti� � � � � The owner of a do¢ ma b�quired to complete an approved doa obedience CI3SSi �����5 / � The animal mav be required to be muzzled and restrained bv chain or leash not to exceed six feet in leneth and under the control of a person ei teen vears of age or older at all tnnes it is outdoors and not inside a proper enclosure � required. licensin� � desiealation and issue the a�propriate orders. Sec. 200.12. Dangerous animals. (�a) �1 dangerous animal is an animal which has: l�r. Without provocarion Ecaused bodily injury or disfigurement to any person on public or private property; or 2�. Without�rovocation �engaged in any attack on any person under circumstances which would indicate danger to personal safety; or b � 3 � �e: E�ibited unusuaily aggressive behavior, such as an attack on another auiinal; or {�. Bitten one (1) or more persons on two (2) or more occasions; or �5 e. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, and the auiival aggressively bites, attacks, or endangers the safety of humans or domesric animais; or �� �i�s 4F'resh wounds, scarring, or is observed in a ght, or has other indicarions which to a reasonable person evidence at the animal has been or will be used, trained or encouraged to fight wi �another animal; or another animal. 'r.���nir ii�nii:�r m�i�r w _ ' "' " _" " ' �"" '__ _ "_ _ "' _ ' "'_' ' ' • e_ ,.:.�:.:��.:_,:. : .:.,.:,:.. o, _»Z� _ � _ _ _ _ _ _ _ _ _ _ _ _ Y ���l�lil �l1�1�����l�a - • _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ��YS� . . . . . l�� (e� �roirie���zg environxnental health officer sh� animal upon receiving evidence subdivision (al. �� 0 �nation as daneerous animal. The eem# e� �-ta designate any animal as a dangerous that the animal meets any of the criteria in - -- --- -- --- - -- - -�.:�..�G' - -- -- - -- - • Y �� is dangerous. may proceed in the followine manner: � officer. � � c. '� in custodv. If the animal is ordered into custodv for deshuction, the owner shall immediatelv make the animal available to the aniinal control supervisor and failure to do so shall be a misdemeanor. � orderin� the immediate seizure and quarantine of a rabies-suspected animal. Any.person who fails or refuses to release an animal to an animal control officer or nolice officer u�on demand, after it has been found by the environmental health officer to be daneerous and ordered into custodv for destruction, shail be . u��iltv of a misdemeanor. � The environmental health officer may apply to the district court of Ramsey Countv for subpoenas for hearines under pazag_raph (1 b. above. O 1 _ 13'b� (€e) Authority to order destruction. The hearine officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the avimal be destroyed based on a written order contairying one (1) or more of the following findings of fact: � (1) The animai is dangerous as demonstrated by a vicious attack unprovoked attack, an attack without waining or multiple attacks; or (2) The owner of the animai has demonstrated an inabi � or unwillingness to control the animal in order to prevent injury to persons o other animals. .. .. � -- - ----- - -- - - -- -- - - - - - -- -- - - '- -- 2 (i� Stopping an attack. ff any police officer or animal control officer is witness to an 0�-�1'b7 3 attack by an animal upon a person or another auiinal, the officer may take whatever means the 4 officer deems appropriate to bring the attack to an end and prevent further injury to the victim. 5 6 (�g� Notifzcation of new address. The owner of an auimal which has been iden ' ed as 7 dangerous or potentially dangerous must notify the environmental health officer � 'ting if the 8 anunal has died or is to be relocated from its current address or given or sold t other person. 9 The notification must be �ven in writing at least fourteen (14) days prior to e relocation or 10 transfer of ownership. If the auimal has died, notification must be given �ao later than fourteen 11 (14) days after the auimal's death. The notification must include the current owner's name and 12 address, the relocation address, and the name of the new owner, if any, and in the case of the 13 14 15 16 17 well as information relating to the disposal of the animal. Sec. 200.121. Dangerous animal requirements. 18 (a) Requirements. If the court or environmental health officer does not order the 19 deshuction of an animai that has been declazed dax'gerous, the court or environxnental health 20 officer shall, as an alternative, order any or all o�the following, excepting for dogs, in which case 21 all shall be applicable and which will be revie�ed on an annual basis by the animal control 22 officer. If, in reviewin2 the conditions for keepin¢ a daneerous doQ there haue been no 23 ordinance violations for a period of two ycars, the environmental health officer may use 24 discretion in determining whether the conditions set forth below are still required: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (1) That the owner provic�e and maintain a proper enclosure for the dangerous animal � as specified in sectid'n 200. i�(ej(3j01; and (2) Post the front and the rear of the premises with clearly visible waming signs, including a wari ing symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; and (3) Provides and shows proof annually of public liability insurance paid in full in the minimum amount of three hundred thousand dollars ($300,000.00). The owner animal is impounded, proof of insurance must be demonstrated the animal's release; and (4) I�"the animal is a dog and is outside the proper enclosure, the dog must be F ,muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet ; in length) and under the physical restraint of a person eighteen (18) years of age or 3 !' older. The muzzle must be of such design as to prevent the dog from biting any „` person or animal, but will not cause injury to the dog or interfere with its vision or � respiration; and 46 j(5) If the animal is a dog, it must have an easily identifiable, standazdized tag 47 � identifying the dog as dangerous affixed to the dog's collar at all times as 48 ,f specified in Minnesota Statute 347.51; and 49 " 50 (6) Provides and shows proof of microchip identification as required in section 51 200.16; and 1 (7) All animals deemed dangerous by the environmental health officer shall be o►- t71'l 2 registered with Ramsey County wiUun fourteen (14) days after the date the animal 3 was so deemed and provide satisfactory proof thereof to the environmental health 4 officer. 6 ($7) If the animal is a dog, the dog must be-i�eease� have a lifetime license and be 7 up to date on rabies vaccinarion. If the animal is a cat or ferret, it must be up to 8 date with rabies vaccinarion. � 9 10 (b) Seizure. Aninial control shall immediately seize any dangerous an 11 does not meet each of the above requirements within fourteen (14) days after 12 sent to the owner that the animal is dangerous and no appeai has been filed. � . !f!T_iF _ __ _ the owner e notice is 15 (c) RecZaiming animals. A dangerous auimal seized under suUs'ection 200.121(b) may be 16 reclaimed by the owner of the animal upon payment of impoundi�and boarding fees, and 17 presenting proof to animal control that each of the requirements subsection 200.121(ab) is 18 fulfilled. An animal not reclaimed under this section within faiirteen (14) days may be disposed 19 of as provided under section 200.12(€�, and the owner is 20 incurred in confining the animal. 21 to animal control for costs 22 (d) Subsequent offenses. If an owner of an ani4nal which has been declared daneerous and . 23 is subject to the conditions of &200.121 has � 24 �BA�� allegedly failed to comply with the � conditions, the animal must be seized by 25 animal control. Notice shall be nrovided to the owner of the basis for the seizure and the ri¢ht to 26 �ie-e�nef-r�tay request a hearing . before the LIEP hearin o¢ fficer 27 to determine whether the conditions were violated. A reauest for hearin� must be made within 28 fourteen davs of the seizure. If the own�r fails to request a hearing within fourteen da �� is 29 found to have violated th� ----�-=--- °=- __ ti:_ti .ti_ ,._.__, _____ __.__a �L_ _�_ :__�...,...a..l L,...IaL 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 conditions, the LIEP hearin¢ ofi manner and the owner shall pay have violated the conditions. � --- ��a, the owner m Z��.i21�C�. rr.ti_ __.._.� :_ �''`. (e) Registrc annual registration fee shall be paid p� Sec. 200.13. ; shall order the animal destroyed in a proper and huxnane costs of confining the animal. If the owner is found not to reclaim the animal under the provisions of subsection 7 fee. An owner of an animal that has been declared dangerous shali pay an of seventy-five dollars ($75.00). If the animal has been impounded, the to the animal's release. of unclaimed dogs. 45 At th� expiration of the time a dog is impounded as provided for in this chapter, if said 46 dog has noS�been reclaimed in accordance with the provisions hereof, it shall be the duty of the 47 enviro ntal health officer to cause such dog to be ic�ec� destroved according to the most 48 human and approved methods, or otherwise disposed of, as directed by the environmental health 49 offic . 50 51 Sec. 200.14. Dogs; disturbing the peace; enforcement. 1 It shali be unlawful for any person to own, keep, have in possession or harbor any dog 2 which howls, yelps or barks to the reasonable annoyance of another person or persons. Any D�- � 3 3� 3 person violating this secrion, who upon first request by a peace officer, or the animal control 4 supervisor to stop or prevent the annoyance, and refuses to comply with the request, wiil be 5 issued a citation or arrested in accordance with the Minnesota Rules of Criminal Procedure, and, 6 if the officer deems it necessary to stop the annoyance, may have the dog taken to the ci auimal 7 �etu� control center. Any dog placed in the � aziimal control center may be recla' ed by 8 the owner upon payment of the fee prescribed in section 200.0$7 and if not recla may be 9 disposed of in the manner provided in section 200.13. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Sec. 200.15. Maximum number of dogs. No more than three (3) dogs of over the age of three (3) mdnths shall be kept, harbored or maintained within any individual dwelling unit or on any lot or ather parcel of property in the city without a permit. The number of dogs permitted above may be increased by obtauung a permit issued by the animal control supervisor. Such permit shall specify any restrictions, limitarions, conditions or prohibitions which the environmental health officer deems reasonably necessary to protect any per5on or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyasice, or to protect the public health or safety. Such permit may be modified from time to time:or revoked by the �--�=---� --`-, L_._LL _fG __.. animal control supervisor for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shail be effective from and after ten (10) days following the mailing of written notice thereof by maintaining such dogs. Denial, mo� Sec.200.16. Microchip The owner of a dangero�z's dog is required to haue a microchip installed or injected on the 11 b� installed in or injected under the skin of the animal by a licensed e�gned so that, when scanned by an electronic reader, it is capable of � of the dog's owner. An appropriate fee shall be paid by the owner to r the microchip and the registrarion of the dangerous dog. The and residence shall be maintained on file at the city pound. animal. The microchip sha veterinarian and shall be d providing the identificatio� the licensed veterinarian identification of the owt�er Sec. 200.17. Collars. material strong e�ou type of prongs�pr we to the animal' ' n� tie outs. may not exceed two (2) pounds in weight and must be made of durable to hold the dog it is intended for. Collars may not be equipped with any ded devices on the inside of the collar that may cause injury or discomfort Le hes. Leashes must not exceed six (6) feet in length and may not exceed four (4) pounds i total weight. Tie outs. Tie outs must be at least three (3) times the length of the animal secured to it y not exceed ten (10) pounds in total weight. Tie outs must be of durable material, strong to hold the animal it is intended for. Any animal secured with a tie out must be so in an area that would not allow the animal to become tangied around objects while allowing access to shelter and water. Tie outs must be placed in such a location as to inhibit the animal secured from mail to the person or persons keeping or required. reaching a public sidewalk, sireet or alley. ffls� �The tie out must not allow the secured animal access to any neighboring property unless written permission has been obtained from the n �_t��1 properiy owner. Sec. 200.18. Appeal process. This ordinance shall take effect and be in force thirty (30) days following its passage, approval and pubIicarion. j' � Y� J t� ! A ! � � f ,. Adopted by Council: Adoption Certified by ou Hy: Approved by Mayor: Date Secretary Requested by Department of: � � � ^�i ,/� ��� � { , By: JLV-(/.UA^,.T� Y'7 i�-u G/ J./ Form Approved by City Att ney , \ By: � Approved by Mayor for Submission to Council Sy: Sy: JG4LLV31 L Council File # p � _ \33 � Ordinance # ORDINANCE Presented B� Referred To Crreen Sheet # � � 3'� � y 35 I � i An ordinance amending Chapter 200 of the Saint Paul Legislarive; 2 setting conditions for maintaining a dog designated as "potenrially 3 dangerous", requiring licensees to be at least 18 yeazs of age and 4 establishing appeals procedures for the designations of dogs as 5 "potentially dangerous" and "dangerous", and authorizing dogs to 6 be seized and held pending hearings 9 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 1 Chapter 200 of the Saint Paul Legislarive Code is hereby amended to read as follows: Sec. 200.01. Definitions. As used in this chapter, unless the context otherwise indicates: Animal shall mean any individual member of any of the species of birds, fish, amplubians, reptiles, insects, arachnids, crustaceans or ma.inmals except homo sapiens. Animal control supervisor shall mean the animal control supervisor of the City of Saint Paul or designee. Dog shall mean any male or female of any breed of domesticated dog. 27 Environmental health officer shall mean the 28 person desienated bv the Director of LIEP to make an initial determination 29 of whether an auiinal is potentially dan¢erous or dangerous. 30 31 Hearin o�cer shall mean the person desi agn ted bv the Director of LIEP to heaz apneals 32 from deYerminations of "potentially daneerous" or "dan�erous" animals. 33 S'aH. as, rgaoa 34 Owner shall mean the license holder or any other person or persons, firxn, association or 35 coxporation owning, keeping or hazboring an animal. Any person keeping ar harboring an animal 36 for five (5) consecutive days shall, for the purposes of this chapter, be deemed to be an owner ��� '" ' 1 .� . CITY OF SA1NT PAUL, MIl\TNESOTA 1 thereof. o \ -\33`� 3 Proper enclosure. Proper enclosure means securely confined indoors or in a securelv 4 locked pen or kennel suitable to prevent the animal from escaping and to provide protection for 5 the animal from the elements. A proner enclosure does not include a porch, patio, or any part of a 6 house, gara�e. or other structure that would allow the auimai to exit of its own volition, or any 7 house or shucture in which windows are open or in which door or window screens are the onlv 8 barriers which prevent the anunal from e�tin�. Such enclosure shall not allow the e¢ress of the 9 auimal in any manner without human assistance. A pen or kennel shall meet the following 10 m;n;mum specifications: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 a. Have a minimuxn overall floor size of thirtv-two (321 square feet. b. Sidewalls shall have a minimum hei t of five (5) feet and be constructed of i l-�auge or heavier wire. OpeninQS in the wire shall not exceed two (21 inches. support posts shall be one-and-one-quarter-inch or lazeer steel pipe buried in the ground ei teen (,181 inches or more. When a concrete floor is not provided. the sidewalls shall be buried a minvnum of ei¢hteen (181 inches in the ground• c. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same eauee wire or heavier as the sidewalls and shall also have no openin¢s in the wire greater than two (2) inches. d. An entrance/exit �ate shall be provided and be consiructed of the same material as the sidewalis and shall also have no openines in the wire Qreater than two (2) inches. The ¢ate shall be equipoed with a device caroable of being locked and shall be locked at all times when the animal is in the nen or kennei. Running at large shall mean any animal which is not either: (1) �2) (3) Effectively contained within a fenced area on private properiy; or Effectively resirained, by chain or leash, to private properiy with the consent of the properiy owner; or Effectively restrained by a chain or leash not exceeding six (6) feet in length. Unprovoked. Unprovoked shall mean the condition in which the animal is not pwposely excited, stimulated, agitated or disturbed. It shall be a rebuttable presumption that anv attack on a child fourteen (141 vears of age or younger for which a reasonable person connotes an intent to inflict bodily hann shall be considered to be unprovoked unless the child is en�aged in the commission of a crime or illeeal activitv, including activities classified under Minnesota Statute 343 as cruelty to animals. Sec. 200.02. License required. � No person shall own, harbor, keep or maintain in the City of Saint Paui any dog over three (3) months of age without a license. 1 � p�-1�3`1 2 , , 3 . 4 . 5 . A license is required if the 6 dog is owned, harbored, kept or maintained for three (3) consecutive days or more, except that no 7 license shall be required for dogs whose owners are temporarily within the city, nor to dogs 8 brought into the city for the purpose of participating in any dog show. Owners of unpounded 9 dogs found to be unlicensed shall be charged an administrative fee of fifty dollars ($50). Any 10 properly identified service dog which aids persons who are totally or partially blind or deaf, or 11 haue physical or sensory disabilities, shall be issued a dog license at no charge upon providing 12 proof of certification of tra.ining as a service dog No license shall be issued to any�erson under 13 the a¢e of 18. A minor who owns a do� in the City of Saint Paul must have the dog license 14 issued in the name of a pazent or guardian on his/her behalf. 15 16 (b) Applications for licenses shall require the owner, in addition to any other 17 information re uired bv the animal control supervisor. to supply the name, age, breed, sex, color 18 and mazkings, and rabies vaccination shots, if anv, of each dog sought to be licensed. In addition, 19 the owner shall be required to provide inforxnation on whether the animal has been declazed 20 dan�erous or notentiallv dangerous in anv other municipality. If the owner has been convicted of 21 a violation of secfion 200.10. relative to the do sou�ht to be licensed, the application shall 22 reauire proof of public liability insurance in the minimum amount of three hundred thousand 23 dollars ($300,000.00� 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (cl Licenses shall be available for purchase at the Saint Paul Animal Control Facility and at the Office of License, Tnspections and Environmental Protection (LIEP). Veterinarians. pet shops, anunal facilities and �et ogr ominq facilities who provide a service for do¢s may also act as deputv license vendors. Procedures for the issuance of such licenses shall be established by LIEP. Such establishments shall be required to inform their clients that the Citv of Saint Paul requires that all do�s be licensed.. Sec. 200.03. Fee. The annual license fees required for each dog, whether it be male or female, spayed or unspayed shall be established by ordinance as specified in secrion 310.09(b) of the Legislative Code. If the owner of the dog is sixty-two (62) years of age or older, the annual license fee payable for each dog shall be fifry (50) percent less than the standard fee. A lifetime dog license shall be available to those owners who have their dog(s) tagged with a microchip. Fees for such licenses shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. Any owner with a lifetime dog license shall vaccinate the dog against rabies according to the requirements in section 199.02 and must be prepared to provide proof of rabies vaccination as identified in section 199.03. ....z�,.,:� ,�R. �R..��........�_. - - - - --- : :: � - - - - =-= -=-- = -- ------ :�: - _ .. ... .. • 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Sec. 200.85(14. Dog tags; �eates replacements; records, etc. Upon payment of the license fee, the animal control supervisor shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The tag shall have stamped thereon the year for which it was issued and the number corresponding with the number on the license certificate. Every owner of a dog required to be licensed shall be required to provide such dog with a collar to which the license tag must be affi�ced, and the collaz with tag attached must be wom by such dog at all times. In the event a dog tag is lost or destroyed, a�ieate replacement shall be issued by the animal control supervisor upon presentation of the receipt for the license fee paid for the current yeaz and the payment of a fee as specified in section 310.18 of the Legislative Code. Dog tags shall not be transferred from one (1) dog to another, and no refixnds shall be made on any dog license fee for any reason. The animal control supervisor shall keep a record of ail dog licenses issued, with the name and residence of the person to whom issued and the number designated upon the metal tag fiimished therewith. Sec. 200.8605. Running at large. The license holder, owner or keeper of any canine shall be responsible for the effective restraint of such canine and shall not permit the canine to nxn at large. Any canine which is not effectively contained within a fenced area, or any canine which is on any unfenced azea ar lot abutting a street, alley, public park, school grounds or public place without being effectively restrained by chain or leash from moving beyond such unfenced area ar lot, or any canine on any street, public pazk, school grounds or public place without being effectively restrained by chain or leash not exceeding six (6) feet in length, shall be deemed to be running at lazge. The provisions of this section shall not apply to a dog i£ (1) The dog is licensed by the city or another jurisdiction having similar licensing requirements; (2) The dog is present with an owner ar keeper in an area which as been officially designated and posted as an off-leash dog area pursuant to section 170-06 of the Legislative Code. (3) The dog has not been designated as potentially dangerous or dangerous under sections 200.12(d)-(g) of the Legislative Code; and (4) The dog has not been excluded from the particular off-leash dog azea or the park in which such area is located either for violation of rules and regulations promulgated by the director or under secrion 170.10(e) of the Legislative Code. A second violation of this section within one (1) year shall be punishable by a fine of at least fi$y dollars ($50.00), but not more than three hundred dollars ($300.00). The first violation of this section for a canine that has been declared to be a dangerous dog shail be a misdemeanor punishable by a fine of at least three hundred dollars ($300.00). Invisible (underground electric) fences may be used as a secondary restraint only, and is are not an acceptable replacement for a chain, leash or properly fenced-in area. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 200.8�06. Seizure. � impoundment;, release. b � -\'33'� f al Anv unlicensed do¢ and any do mm�in a� lar�e is herebv declared to be a public nuisance. The environmental health officer is authorized to emplov. subject to the approval of the council, such additional temporary auimal control of�'icers as necess�pture and hold such do�s and to �a, �} temporarv auimal control officers on a fee basis. �b,Ly�erson mav seize, impound or restrain any do� which he may find rnnnin� at lazee in the City of Saint Paul and hold such dog for the auimai control supervisor or deliver such do� to the citv auiinal control center. (cl Any avimal that is found to be in circumstances which to a reasonable person indicate that the a.uiinal has been or will be used, trained or encouraged to fie:ht with another animal, or anv auimal whose owner has in custody_or nossession an�trainin� appazatus, nazaphernalia or dru�s used to preoare such animal to be fou¢ht with another animal, is herebv declazed to be a public nuisance and shall be immediatelv seized and taken to the citv animal control center. (dl Anv do�which meets the definitions found in Section 200.12(al mav be seized and held at animal control pendin� a determination that the dog is daneerous or potentially dangerous. No do�shall be released priar to the hearin� until the owner has rorovided proof of current rabies vaccination and a current license. The environxnental hearinQ officer mav require, as a condition of releasin¢ the dog_prior to the hearine, that the owner show nroof of a liabilitv insurance policy in the amount of $300.000 if the attack or bite involved serious iniurv requiring medical treatment for the victim or there is reason to believe that the doe will not be �roperly maintained durin� the appeal process. 29 (el Any dog which is found in circumstances which would lead a reasonabie person to 30 believe that its health is endan�ered shall be immediatelv seized bv the environmental health 31 officer or anv of his/her duly authorized assistants, or anypeace officer, or animal control officer 32 or an�person dulv authorized in writin�y the environmental health officer and taken to the citv 33 animal control center or to a veterinarian if necessary for immediate treatment. 34 35 �f It shall be the duty of the environmental health officer or any of his/her duly 36 authorized assistants, or any peace officer, or aniinal control officer or any person duly 37 authorized in writing by the environmental health officer, to capture, seize and deliver to the 38 environmental health officer, or the keeper of a�}ie��ett� the city's animal control center, or 39 to any suitable place to be approved by the environmental health officer, any dog found nmving 40 at large within the City of Saint Paul contrary to the provisions of this chapter and any dog found 41 within the City of Saint Paul unlicensed or not wearing the metal tag provided for in this chapter 42 in violation of the provisions of this chapter. 43 . . Ail dogs conveyed to the deg 44 �etu� animal control center shall be kept, with kind ireahnent and sufficient food and water for 45 their comfort, at least five (5) days after the impounding thereof, uniess sooner reclaimed by their 46 owners as herein provided. In case the owner of any dog shall desire to reclaim him from the dog 47 pound, such dog may be released from the dog pound upon payment by such owner of the sums 48 required by section 200.0$7. Said payments shall be made to the animal control supervisor, in 49 retum for which the owner shall receive from the animal control supervisor a receipt showing 50 that the license fee has been paid, and a regular license and tag for such dog shall be issued upon 51 presentarion of such receipt to the license inspector. If the owner of the dog seized or impounded 1 under the provisions of this chapter does not resume possession of said dog by compliance with 2 the foregoing provisions within five (5) days after the seizure or unpounding thereof, said owner 0\_�,3 3� 3 shall forfeit all right of property in such dog. 4 5 Sec. 200.8$07. °--�-�� Fees for impounding and boardinE. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Any dog captured and impounded under the provisions of this chapter shall be released only on the payment of a�etn� an impound fee, plus an additional board charge for each day or fraction of a day during which the dog is impounded. If the impounded dog is unlicensed, in addition to the impounding and boazding fee, the dog shall not be released without the payment of the prescribed license fee. The designated fees under this chapter shali be established by ordinance as provided in section 310.09(b) of the Legislative Code. Sec. 200.8908. No interference with officer, etc. It shall be unlawful for any person to molest or in any way interfere with any peace officer, animal control supervisor, Ramsey County humane officer, park ranger, or any duly authorized assistants, or with any duly authorized agent or any person authorized by the environmental health officer, while engaged in performing work under the provisions of this chapter, or to tamper with, damaee or othenvise interfere with the equipment used by them in the course of their duties.. . . . , . - • - -- --- --- �-- - --- - -- - - .�,.,..s - - --- � -- - -- - - - �� . - --- --- -- -- - - - - -- - -- -..����._�..R�� - -- - - - - '- --- - - - - --- - - - -- --- � - - - - - - - - - - - - - -- - - - -- - . - - - - -- - --- - - -- -- - - - - - - -- -- -- - -- - -- - - - - -- --- - - -- - ------ -- -- -- - -• -- - -- - -- - --- - - - : - - - - - - - - - - - - - - -- - - -- - - - � - - - ----- - - - - - - -- - - - --- --- - -- - - - - - - �� .A� 41 42 43 44 45 46 47 48 49 50 51 Sec. 200.3�09. Cleaning up litter. (a) The owner of any dog or any person hauing the custody or control of any dog shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary GIY•TiTiT�� (b) It is unlawful for any person owning, keeping or harboring a dog to cause or permit said dog to be on property, public or private, not owned or possessed by such person without having in his/her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by such person. 0�-�33'1 3 (c) It is unlawful for any person in control of, causing or pernutting any dog to be on any 4 property, public or private, not owned or possessed by such person to faii to remove feces left by 5 such dog to a proper receptacie located on properiy owned or possessed by such person. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (d) The provisions of this secrion shall not apply to the ownership or use of any properly idenrified service dog which aids persons who aze totally or partially blind or deaf or have physical or sensory disabilities, dogs when used in police activities by the city, or traclang dogs when used by or with the permission of the city. (e) Any person violating this section shall be punished by a fine of ten dollazs ($10.00) or five (5) hours of public lands fecal clean-up. Any person who is found guilty of subsequent violations of this section shall be punished by a fine of at least twenty-five dollars ($25.00) but not more than fifty dollars ($50.00). ( fl Any peace officer, animal control officer, pazk ranger, or any duly authorized assistant, or any duly authorized agent, or any person authorized by the environmental health officer should be responsible for issuing the tags. Sec. 200.10. Attack by an animal. It shall be unlawful for an owner ar custodian to fail to restrain an animal from inflictina or attemprina to inflict bodilv injury to anv person or other animal. Violation of this sec6on shall be a misdemeanar. This section shall not applv to an attack bv a doe under the control of an on-duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criminal intent. Sec. 200.11. Potentially dangerous animals. (a) A potentiallv danQerous animal is an animal which has: � When unprovoked. bitten a human or a domestic animal on public or private propertV; or 35 � When unprovoked, chased or a�proached a person upon the streets, 36 sidewalks, or any�ublic or private propertv, other than the dog owner's 37 Uroperiy, in an apparent attitude of attack; or 38 39 � A lrnown history or propensity, tendency or disposition to attack while 40 unprovoked, causing injury or otherwise threatenin� the safety of humans 41 or domestic animals. 42 43 (bl Desi2nation as potentiallv dangerous animal. The environmental health officer shall 44 desi�nate anv aiiimal as a potentially dan¢erous auimal upon receivin¢ evidence that the animal 45 meets anv of the criteria in subdivision (a). When an animal is declared potentially daneerous. 46 LIEP shall cause the owner(sl of the potentiallv danQerous animal to be notified in writine that 47 such aniinal is potentially dangerous. An animal that has been determined to be potentially 48 dangerous must be microchipped in accordance with &200.16, and mav be required to complv 49 with one or more of the followine conditions: 50 51 � The owner of a dog may be required to complete an approved do� obedience C� � The aiunial may be required to be muzzled and restrained bv chain or leash not to exceed siY feet in length and under the control of a person ei teen vears of age or older at all times it is outdoors and not inside a proner enclosure O � -\'3 3� (3� The owner ma,�required to show proof of up to date rabies vaccination and. if required, licensing, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (c) Procedure. The environmental health officer shall notify the owner(sl of the animal in writing or in person that the animal has been determiued to be potentialiv dangerous and shall snecify what. if any conditions are bein�required of the owner. This notice shall state the date. time, place, and roarties bitten, chased. attacked or threatened by the auimal, and shall advise the owner that thev haue fourteen (14) days to appeai the detem�ivation or the imposirion of conditions on maintaining the d� bv requestin� a hearine before the LIEP hearin¢ officer. � If an owner requests a hearing, a date shall be set not more than three weeks after receipt of the demand for a hearine. The hearin� officer may consider all records of the Office of LIEP. Animal Control, as well as police reports without the necessity for further foundation. After considering all of the evidence, the hearina officer shall issue a written order which rejects or upholds the determina6on. If the hearing officer upholds the determination as potentially daneerous, the order mav affirm or modifv the conditions recommended by the environmental health officer. If as a result of tesrimony ar other evidence at the hearin¢ there are erounds for declarin¢ the do2 to be dan e¢ rous pursuant to Sec. 200.12, the hearin¢ officer mav chan¢e the desi¢nation and issue the appropriate orders. (21 If an owner fails to complv with anv conditions specified in the order and fails to request a hearine under subdivision (c�(1), the dog shall be seized. The animal mav be reclaimed bv the owner as set forth in &200.121(c� � Review of desiQnation. The environmental health officer may review the status of a do¢ which has been determined to be potentially dangerous if a period of two years has passed without any further incidents under section (al above and mav use discretion in determining �` whether anv condirions which have been ordered are still required. � �. Sec. 200.12. Dangerous animals. ---- -' - - - -- - - -' - -- - - - - --- - - - - - - - - -- - - -- - --- - - -- - - - --- =- --- -- - - --- ---= - - - - - - - --- -- - - - -- - - .. .. - --- -- - - - - ---- -- •• - - :: ---- - - - - --- --- -- - -- - - - - •- - - -- - - - - o+�.�� II�IIII�/�1IlTRA%I1� 1 (�a) A dangerous animal is an animal which has: Q\_ ,�,�� 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 �1 a.- Without provocation Ecaused bodily injury or disfigurement to any person on pubiic or private properiy; or 2�H. Without nrovocation £engaged in any attack on any person under circumstances which would indicate danger to personal safety; or � Eachibited unusually aggressive behavior, such as an attack on another aiumal; or �. Bitten one (1) or more persons on two (2) or more occasions; or S�e. Been found to be potentially dangerous and/or the owner has personal laiowledge of the same, and the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals; or �€ �its �Fresh wounds, scarring, or is observed in a fight, or has other indications which to a reasonable person evidence that the animal has been or will be used, trained or encouraged to fight with another animal; or whose owner has in custod �}_or possession anv n'ainin�ap azp atus• roazaphernalia or dru¢s used to prenare such animal to be fou hg t with another animal. ' -- - - - -- - - - -- : •-- - - -- - -- - - - - - -- -- - -- - : - •. : - - :,- �:...:...:,:..:...�..�..�...�.,�- - - - - - -- - - - - - - - - • - _ - - • - - - - - - - -- - -- - - - - - - -- - -- '- --- - - - - - - -- 2 0 6 7 9 1� IL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 -- - -- - - ----- - ------ - - -- - ----------- - - - - - - '--- -- - - - - ---- - - - - .- ----- - -- -- - --- - - - - - --- - --- --- - - -- - -- - .-- °- --- - -- -- - - - --- .----- - -- - - --- - - - _ � _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Y_ ' _ "' _' : ����� ='� - •i�:aruab��:r•etn��ir.�i�Gr�vi��i�n��r __ _ _ _ _ _ _ _ _ _ _ _ Y . _ - - - --- --- - -- - - -' - - - - - -- - -- - :- - - - --- - - -- - --- - - - - - •- - - - - - - - - - -- - - - --- - - :. - --- - - _ - - - - -- - - .-- .:: - - -- ---- - -� -- - - - --- - - -- -- -- --� -- - - -- - - - - • -- 34 (eb) Designation as dangerous animal. The eettr�e� 35 environmental health officer shall designate any animal as a dangerous 36 animal upon receiving evidence e€� that the animal meets anv of the criteria in 37 subdivision (al. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 - - - - - - - - - - - - - - - - - - - - ��s!Re�Rr!s��e�!s�sr!e,.esR.fesn. -- - - -- - - --- -- --- - -- - - - ----- - - - -"-�'�'-'.�'�--- a��v � �.���ine�:�.a6ir•�i��iid��inn�:n�i��ii�t:i:�.u�nS.r.��r�..e viiwir.�•�diw:�.�:iir.einir.�9:a:�. ,:..�.,..:.,:.��,,...::� ,.�.. �ca��in�wn�6ir•�i�u�r•n�idn� "�iiiSuv��i�n�i�ava:�ni�e�..�a:�o��n+nii•�iv�iioriivia'vi !!!!f!f . l�l�l�lt�•RV� 01-\73`1 1l�� �ir.ne�nbirniuiir.f�in.na:idn�ioiilv��a'v�iini�:ii�:�r:lvinibi�4-.av�+ai��iiiL�:ai�ii�i.!�TVin � 6 7 9 1� 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 b. If an owner renuests a hearine for deternrination as to the dangerous nature of the animal, the hearing shal] be held before the LIEP hearine officer not more than three (3) weeks after demand for said hearin�. Pendine a hearin¢ on the determinarion, the animal mav be seized and kept at animal control unless the owner shows proof that the animal is licensed, has met the requirement. if anv, for rabies vaccinations, and aerees that the animal will not be permitted to be outside without bein� in a�roroer enclosure or bein� restrained on a leash and wearin� a muzzle. 34 c. The records of the Office of License, Inspections and Environmental 35 Protection, includin¢ those of Animal Control, and any police reports 36 relating to an attack or bite shall be admissibie for consideration bv the 37 hearin� officer without fiirther foundation. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 0 Y_ _ _ _ _ _ _ _ _ _ _ _ _ _ � 7��� ��t • �� • Y . . _ , - :%•+r.�i - - -- - - -- - - -- ------- -- - -- � (cl Procedure. The environmental health officer, after ha�in¢ detenniued that an auiuial is daneerous, mav proceed in the followin� manner: O\-\'S3� � The ownerLl of the animal shall be notified in writin oe r in person that the animal has been detenniued to be dangerous and that the aniinal is to be seized and destroved or that the owner must complv with the conditions set forth in &20012. This notice shall state the dates, times. places and facts of the incidents which form the basis for the determination, and that the owner(sl haue fourteen 14) da� to appeal the detenmination bv requestin¢ a hearine before the LIEP hearing officer. a. If no appeal is filed, the orders issued will stand. � � d. ABer considerin¢ all evidence pertainin¢ to the temroerament of the auiinal, the hearing officer shall make such order as he/she deems uroper. The hearing officer mav order that the animal control supervisor take the animal into custodv for destruction, if such aniinal is not currentiv in custod� If the animal is ordered into custodv for destruction, the owner shall immediatelv make the animal auailable to the animal control sunervisor and failure to do so shall be a misdemeanor. Nothing in this section shali prevent the environmental health officer from orderina the immediate seizure and c�uarantine of a rabies-susnected animal. Anv person who fails or refuses to release an animal to an animal control officer or police officer upon demand, after it has been found by the environmental 2 3 4 10 11 12 13 14 15 16 17 18 19 2� 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 � health officer to be daneerous and ordered into custodv for destruction, shall be p_uilYV of a misdemeanor. O 1-\'3 ��l The environmentai health officer ma�apnlv to the district court of Ramsev Coun for subpoenas for hearines under paragraph (llb. above. (€e) Authority to order destruction. The hearin¢ officer, upon finding that an auimal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the aniuial be destroyed based on a written order containing one (1) or more of the following findings of fact: (1) �2) The auimal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without wazving or multiple attacks; or The owner of the auimal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other auimals. I ____ Y _ ' - -- - - - :- -- - - " _ " _- : _�v�:�b�eii�i•�iniir.�aG�.riS�:r " ---- - - - --- - -- - - - - - ' --- - - - - -- - --- - ----- - • - -- -- --- -- -- - -- - - ---- -- - -- - - ----- --- -• - -- - - - ----- -'� - - --- -- i: - - - - -- - - - - - - - -- -- ---- -- - -- - - -- .- - - -- -- - - - - -- - - -- - - - :.- - - - ---- - - - --- - ----- - ---- - - - -.-- -- - - - •• - - '- -- - -- yAlr����1�1A�1�1 a � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ,�--.'..�.::!'�3�:.'�'-.'°.:�.:,::.'�" R�'� Y_ Il�i���l�l�I��'��liJ����lq��i�.���t� ����l�l��l�l�l���R�'L�.��I�l�'�5�1��14i�1�1��1�iR�l!��i I��r����l�S�l' l�l�l��i�1'�aV t�lr�ilil�l�lil�w�\V �il�P���iRT1���l�a�l�ii��r�R�Y�f�lia��l�l��li<i�'i 0 � -�'�3 �1 (� Stopping an attacic If any police officer or auimal control officer is witness to an attack by an auimal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent fiirther injury to the victim. (zg) Notifzcation of new address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the environmental health officer in writing if the animal has died or is to be relocated from its current address or given or sold to another person. The norificarion must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. If the auiinal has died, notification must be given no latez than fourteen (14) days after the auiuial's death. The notificarion must include the current owner's name and address, the relocafion address, and the name of the new owner, if any, and in the case of the death of the animal must include the date of death and the name of anv attendinQ veterinarian as well as information relating to the disposal of the animal. Sec. 200.121. Dangerous animal requirements. (a) Requirements. If the court or environmental health officer does not order the destruction of an animal that has been declazed dangerous, the court or environmental health officer shall, as an alternative, order any or all of the following, excepting for dogs, in which case all shall be applicable and which will be reviewed on an annual basis by the animal control officer. If, in reviewin� the conditions for keepin� a dan�erous dog there have been no ordinance violations for a period of two years, the environmental health officer may use discretion in determinine whether the conditions set forth below are s611 required: (1) �2) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in section 200. �-2{e)(3j01; and Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; and (3) Provides and shows proof annually of public liability insurance paid in full in the minimum amount of three hundred thousand dollazs ($300,000.00). The owner shall haue fifteen business davs from the request to show nroof of insurance. exc t that i�f the animal is impounded, proof of insurance must be demonstrated prior to the animal's release; and (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet in length) and under the physical restraint of a person eighteen (18) yeazs of age or older. The muzzle must be of such design as to prevent the dog from biring any person or animal, but will not cause injury to the dog or interfere with its vision or respirarion;and (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to the dog's collar at all times as 1 specified in Minnesota Statute 347.51; and 2 � \ -��33`l 4 5 (6) Provides and shows proof of microchip idenrification as required in section 200.16; and (7) All auimals deemed dangerous by the environmental health officer shall be registered with Ramsey County within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the environmental health officer. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3] 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ($� If the animal is a dog, the dog must � have a lifetime license and be up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccinarion. (b) Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the animal is dangerous and no appeal has been filed. �e (c) Reclaiming animals. A dangerous animal seized under subsection 200.121(b) may be reclaimed by the owner of the animal upon payxnent of impounding and boazding fees, and presenting proof to animal control.that each of the requirements under subsection 200.121(ab) is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under section 200.12(€,, and the owner is liable to animal control for costs incurred in confining the animal. (d) Subsequent offenses. If an owner of an animal which has been declared dan¢erous and is subject to the conditions of §200.121 has � alle�y failed to com�ly with the � conditions, the animal must be seized by animal control. Notice shall be provided to the owner of the basis for the seizure and the riQht to �ke-e�ner�nay request a hearing . before the LIEP hearin� officer to determine whether the conditions were violated. A request for hearingmust be made within fourteen davs of the seizure. If the owner fails to request a hearin¢ within fourteen days, ar is found to haue violated th , conditions. the LIEP hearine officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the owner is found not to have violated the conditions. °--°�, the owner may reclaim the animal under the provisions of subsection 200.121(c). > ,' . (e) Registration fee. An owner of an animal that has been declared dangerous shali pay an annual registration fee of seventy-five dollars ($75.00). If the aniinal has been impounded, the fee shall be paid prior to the animal's release. Sec. 200.13. Destruction of unclaimed dogs. At the expiration of the time a dog is impounded as provided for in this chapter, if said dog has not been reclaimed in accordance with the provisions hereof, it shall be the duty of the 1 environmental health officer to cause such dog to be �He� destroved according to the most 2 humane and approved methods, or otherwise disposed of, as directed by the environmental health 3 officer. O\ 0 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Sec. 200.14. Dogs; disturbing the peace; enforcement It shall be unlawful for any person to own, keep, have in possession or hazbor any dog which howls, yelps or barks to the reasonable annoyance of another person or persons. Any person violating this section, who upon first request by a peace officer, or the auimal control supervisor to stop or prevent the annoyance, and refuses to comply with the request, will be issued a citation or arrested in accordance with the Minnesota Rules of Criininal Procedure, and, if the officer deems it necessary to stop the annoyance, may have the dog taken to the city animal �etn� control center. Any dog placed in the � animal control center may be reclaixned by the owner upon payxnent of the fee prescribed in section 200.087, and if not reclaimed may be disposed of in the manner provided in section 200.13. Sec. 200.15. Masimum number of dogs. No more than three (3) dogs of over the age of three (3) months shall be kept, harbored or maintained within any individual dwelling unit ar on any lot or other parcel of property in the city without a permit. The number of dogs permitted above may be increased by obtainiug a pernut issued by the --_�___.___..., ti__,.ti _r�,.,._ �imal control supervisor. Such permit shall specify any restrictions, limitations, conditions or prohibitions which the environmental health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such permit may be modified from time to time or revoked by the �---=-__W __..., L., .laL _CC. �._. annnal control su ep rvisor far failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified maJl to the person or persons keeping or maintaining such dogs. Denial, modificarion or revocation of a roermit issued under this section shall be aproealable to the LIEP hearin� officer. Sec. 200.16. Microchip identification required. The owner of a dangerous dog is required to haue a microchip installed or injected on the animal. The microclup shall be installed in or injected under the skin of the animal by a licensed veterinarian and shall be designed so that, when scanned by an electronic reader, it is capable of providing the idenrification of the dog's owner. An appropriate fee shall be paid by the owner to the licensed veterinarian for the microchip and the regisirarion of the dangerous dog. The identification of the owner and residence shall be maintained on file at the city pound. Sec. 200.17. Collars, leashes, tie outs. Collars. Collars may not exceed two (2) pounds in weight and must be made of durable material strong enough to hold the dog it is intended for. Collars may not be equipped with any type of prongs or wei�hted devices on the inside of the coilar that may cause injury or discomfort to the auimal's neck. Leashes. Leashes must not exceed six (6) feet in length and may not exceed four (4) pounds in total weight. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Tie outs. Tie outs must be at least three (3) times the length of the animal secured to it and may not exceed ten (10) pounds in total weight. Tie outs must be of durable material, strong O �—\1� enough to hold the animal it is intended for. Any auimal secured with a rie out must be so in an azea that would not allow the auiinal to become tangled around objects while aliowing access to shelter and water. Tie outs must be placed in such a location as to inhibit the animal secured from reaching a public sidewalk, street or aliey. �rlse; tThe rie out must not allow the secured animal access to any neighboring property unless written permission has been obtained from the properiy owner. Sec. 200.18. Appeal process. An order bY the LIEP hearin� officer may be appealed bv writ of certiorari to the Court of Appeals. An order of the LIEP hearinQ officer for the destrucrion of an animal shall be stayed upon receipt of a norice of a�peal by LIEP within fourteen davs of the service of said order. Section 2 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. Requested by Department of: Sy: Form Approved by City Sye CextiEied by Council Secxetaxy By ' -b` Approved by By: for Snbmission to Council by Maydr: %11� �� �:'!% � �.�✓ Adopted by Council: Date ��, ` `ap p y � OFFICE OF LIEP Date: � xoqer Curtis, Dix'eCtox' December 19, 2001 GREEN SHEE'�' ' 266-9013 No . 10 3 314 O 1 HPAR1'MENT DZRECtOR 8 4 ITY COONCIL � ITY ATTORNEY 8 ITY CLERK x�aw� ust be on CounCil Agenda by: �ncET DI�cTOx IN. E MGT. SVC. ➢IR. s Soon As Possible xox (OR ASSISTANl) " AL # OF SIGNATQRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: An ordinance re-numbering and re-arranging current language on angerous dogs, adding provisions to current language that make a dog license older be eighteen years of age or older, placing more conditions on potentially , angerous dogs, requiring both potentially dangerous and dangerous dogs to be icrochipped, allowing dog owners to appeal the potentially dangerous esignation, allowing the dangerous dog designation to be removed if animal has ' een law-abiding for two years since most recent bite, allowing LIEP to seize and ,, old a dog involved in a serious incident until insurance has been provided 4 ending the outcome of an appeals process. � CObIl3ENDATIDNS: APPROVE (A) OR REJECT (R) ERSONdL SERVICB CONTRACTS MOST ANSWER THS FOLIqA`ING: " PLANNZNG COMMISSION CIVIL SHRVICE COMMISSION 1. Has Che peison/fiim ever wotked mmdet a contract £or this deparLment? CIB WM[fITTEE _ BUSINESS REVIEW COUNCIL YES NO � STAFF _ Has this penson/£izm ever been a City employee? � DISTRICT COURT YES NO Does this person/firm possess a skill not nozmally possessed by any UPPORTS WHTCH COUNCIL OBSECTIVE? Cuzrent City employee? YES NO ' xplaia all YES aaswers oa a aeyarate sLeaG and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Current , ordinance is confusing to both LIEP and the public. An easier to understand ersion would help people understand their rights. Currently minors can license - ogs within the City -- leading to potential problems for the public. The '".'ordinance makes it easier for LIEP to declare a dog potentially dangerous. �;. Potentially dangerous dogs have been hard to keep track of due to lack of a. ';�.". icrochip. Currently, owners are not allowed to appeal the potentially dangerous esignation and the'animal can never be removed from the dangerous dog list no atter how well behaved the animal has been. ; DVANTAGES IF APPROVED; Compliance with state law. A more streamlined and '"consumer friendly" system for dealing with difficult animals. ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: Continuation of a confusing and complicated system . of dealing with the increasing problems of more and more dangerous dogs in the ity. s. '�`' OTAL AMOUNT OF TRAIQSACTION $ COST/REVENUE BUDGETED YES NO ��: :-� FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) � .. � �° -'`. I r ,�f o�_ t33� CITY OF SAINT PAUL Norm Calemars, Mayor DATE: December 19, 2001 TO: Saint Paul City Council FROM: Christine Rozek, LIE�✓ Bill Stephenson, Aniin ontrol RE: Dog Ordinance OFfICE OF LICENSE, INSPECIIONS AND ENVIRONMENTAL PROTECTION Roger Curlis, Director LOWRYPROFESSIONALBUILffiNG Telephone: 657-266-9090 350 St. Peter Street, Suite 300 Facsi»dle: 65I-266-9124 SaintPaul,Minnesota55101-ISIO Web: www.ci.slpauLmnus/liep Summary of Proposed Revisions to Chapter 200 of the Legislative Code: 1. The text has been renumbered and rearranged to make the Chapter more logical. 2. Dog license holders must now be at least 18 years of age. 3. LIEP will now be able to place conditions on potentially dangerous animals in an attempt to prevent further aggressive behaviors that could result in injury. 4. Both potentially dangerous and dangerous dogs will be rec�uired to be microchipped (same as state law) if maintained within the City. 5. This ordinance will allow dog owners to appeal the potentially dangerous designation. 6. Dog owners maintaining a dangerous dog within the City will be able to request the removal of some or all of the conditions placed on the dog if the dog remains "law abiding" for two years after the most recent bite. �. This revision will pernrit LIEP to seize and hold a dog involved in a serious incident until insurance has been provided pending the outcome of an appeals process. CARscs Council File # p \ � \�'3 � Ordinance # Green Sheet # 1 u 3 3 �y ORDINANCE CITY OF SAINT PAUL, MINNESOTA �� Presented By Referred To Committee Date :, An ordinance amending Chapter 200 of the Saint Paul egislative setting conditions for maintaining a dog designated "potentiall} dangerous", requiring licensees to be at least 18 y s of age and establishing appeals procedures for the designat ns of dogs as "potentially dangerous" and "dangerous", and thorizing dogs to be seized and held pending hearings THE COUNCIL OF THE CITY OF SAINT Chapter 200 of the Saint Paul Legislative Sec. 200.01. Definitions. As used in this chapter, Animal shall mean any amphibians, reptiles, insects, a Animal control Paul or designee. ORDAIN: 1 hereby amended to read as follows: context otherwise indicates: �I member of any of the species of birds, fish, crustaceans or mamuials except homo sapiens. shali mean the animal control supervisor of the City of Saint Dog shall mean�ny male or female of any breed of domesticated dog. I health officer shall mean the person desi¢nated by the Director of LIEP to make an initial determination Owner shall mean the license holder or any other person or persons, firm, association or corporation owning, keeping or harboring an animal. Any person keeping or harboring an animal for five (5) consecutive days shall, for the purposes of this chapter, be deemed to be an owner thereof. 01-1�'3� Proper enclosure. Proper enclosure means securelv confined indoors or in a securelv locked pen or kennel suitable to prevent the atiimal from escapin�provide protection for the auunal from the elements. A proroer enclosure does not include a porch, patio, or any part of a house, earage, or other structure that would allow the aniinal to exit of its own volition, or anv minimum specificarions: a. � inches in the ground" c. � Running at Zarge shall mean (1) Effectively animal which is not either: within a fenced azea on private property; or (2) Effectively res ained, by chain or leash, to private property with the consent of the property er; or (3) Effectivel restrained by a chain or leash not exceeding six (6) feet in length. Sec. 200.02. License required. �a,2 No person shall own, harbor, keep or maintain in the City of Saint Paul any dog over three (3) months of age without a license. 0 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 , , ° d i -i�3�1 . A license is required if the dog is owned, hazbored, kept or maintained for three (3) consecutive days or more, except that no license shall be required for dogs whose owners are temporarily within the city, nor to dogs brought into the city for the purpose of participating in any dog show. Owuers of im ounded dogs found to be unlicensed shall be charged an administrative fee of fifty dollars�0). Any properly identified service dog which aids persons who aze totally or partially b d or deaf, or have physical or sensory disabilities, shali be issued a dog license at no chaz upon providing proof of certification of trainiug as a service dog, No license shall be issue to any person unde issued in the name of a parent or euardian on his/her behalf. dollars ($300,00O.00Z reauires that all does be licensed.. Sec. 200.03. Fee. 35 The annual license fe required for each dog, whether it be male or female, spayed or 36 unspayed shall be establish by ordinance as specified in section 310.09(b) of the Legislative 37 Code. If the owner of the og is sixty-two (62) years of age or older, the annual license fee 38 39 40 41 42 43 44 45 46 47 48 49 50 51 payable for each dog shall be available to � licenses shall be esta Code. Any owner w the requirements i s identified in sec ' n be fifty (50) percent less than the standard fee. A lifetime dog license e owners who have their dog(s) tagged with a microchip. Fees for such shed by ordinance as specified in section 310.09(b) of the Legislative a lifetime dog license shall vaccinate the dog against rabies according to :ion 199.02 and must be prepared to provide proof of rabies vaccination as 199.03. -- .. - --- -- - - - ------ - - �..�:.■..s��i .. ... .. - - , 3 4 5 Sec. 200.6504. Dog tags; �uugfieates replacements; records, etc. 6 7 Upon payxnent of the license fee, the aiumal control supervisor shail issue to the owner a 8 license certificate and a metallic tag for each dog so licensed. The tag shall have stamped th eon 9 the year for which it was issued and the number corresponding with the number on the li se 10 certificate. Every owner of a dog required to be licensed shall be required to provide s dog ll with a collaz to which the license tag must be affixed, and the collaz with tag attac ' must be 12 worn by such dog at all times. In the event a dog tag is lost or destroyed, a renlacement 13 shall be issued by the auimal control supervisor upon presentation of the rece� " t for the license 14 fee paid for the current year and the payment of a fee as specified in sectio �31018 of the 15 Legislative Code. Dog tags shall not be transferred from one (1) dog to other, and no refunds 16 shall be made on any dog license fee for any reason. The animal con 1 supervisor shall keep a 17 record of all dog licenses issued, with the name and residence of the'person to whom issued and 18 the number designated upon the metal tag fiirnished therewith. : 19 � 20 21 Sec. 200.8605. Running at large. 22 23 The license holder, owner or keeper of any can� e shall be responsible for the effective 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 restraint of such canine and shall not permit the a effectively contained within a fenced area, or any abutting a sireet, alley, public pazk, school grounc restrained by chain or leash from moving beyo street, public park, school grounds or public p ce or leash not exceeding six (6) feet in length,. hall provisions of this section shall not apply t a dog if: (1) The dog is licensed by t17� city or another jurisdiction having similar licensing requirements; �'� (2) The dog is present ith an owner or keeper in an area which as been officially designated and po ted as an off-leash dog area pursuant to section 170-06 of the Legislative Cod . (3) The dog has ot been designated as potenrially dangerous or dangerous under sections 20 .12(d)-(g) of the Legislative Code; and (4) The do as not been excluded from the particular off-leash dog area or the park in whi such area is located either for violation of rules and regulations pro lgated by the duector or under section 170.10(e) of the Legislative Code. im to run at lazge. Any canine which is not c" ine which is on any unfenced azea or lot l� or public place without being effectively such unfenced area or lot, or any canine on any without being effectively restrained by chain be deemed to be running at lazge. The 47 A second viol on of this section within one (1) year shall be punishable by a fine of at least 48 fifty dollars 50.00), but not more than three hundred dollars ($300.00). The first violation of 49 this sectio for a canine that has been declared to be a dangerous dog shall be a misdemeanor 50 punisha e by a fine of at least three hundred dollars ($300.00). Invisible (underground electric) 51 fences may be used as a secondary resiraint only, and is are not an acceptable replacement for a chain, leash or properly fenced-in azea. 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Si Sec. 200.8906. Seizure. � impoundment; release. b�-t'�3`} (al Anv unlicensed do2 and an�oe n,nnin¢ at large is hereby declazed to be a public nuisance. The environmental health officer is authorized to employ, subject to the approval of the does and to pay temporarv auimal control officers on a fee basis. do¢ to the citv animal control center. maintained durin¢ the a�peal process. �f It shall be the duty of t�a`e environmental health officer or any of his/her duly authorized assistants, or any authorized in writing by the environmental health officer to any suitable place to be at large within the City o S� within the City of Sain au] in violarion of the pro 'sion: pea e officer, or animal control officer or any person duly ironmental health officer, to capture, seize and deliver to the r the keeper of a-�}ie-�eun� the citv's animal control center, ar proved by the environmental health officer, any dog found running int Paul contrary to the provisions of this chapter and any dog found unlicensed or not wearing the metal tag provided for in this chapter of this chapter. . . All dogs conveyed to the deg � animal con ol center shall be kept, with kind treatment and sufficient food and water for their comfort, at east five (5) days after the impounding thereof, unless sooner reclaimed by their owners as here� provided. In case the owner of any dog shall desire to reclaim him from the dog pound, such og may be released from the dog pound upon payment by such owner of the sums required by section 200.OS7. Said payxnents shall be made to the animal control supervisor, in retum for which the owner shall receive from the animal control supervisor a receipt showing that the license fee has been paid, and a regular license and tag for such dog shall be issued upon presentation of such receipt to the license inspector. If the owner of the dog seized or impounded under the provisions of this chapter does not resume possession of said dog by compliance with the foregoing provisions within five (5) days a8er the seizure or impounding thereof, said owner shall forfeit all right of property in such dog. ��� L 3:37 Sec. 200.9$07. ° Fees for impounding and boardin¢. Any dog captured and impounded under the provisions of this chapter shall be released only on the payment of a�etta� an impound fee, plus an additional boazd chazge for each day fraction of a day during which the dog is impounded. If the unpounded dog is unlicensed, � addition to the unpounding and boarding fee, the dog shall not be released without the p, en of the prescribed license fee. The designated fees under this chapter shall be establishe by ordinance as provided in section 310.09(b) of the Legislative Code. Sec. 200.8908. No interference with officer, etc. It shall be unlawful for any person to molest or in any way interf e with any peace officer, axiiinal control supervisor, Ramsey County humane officer, p ranger, or any duly authorized assistants, or with any duly authorized agent or any pers authorized by the environmental health officer, while engaged in performing work� der the provisions of this course of their duties. . . . , . - - - �:�..,:a� 70 7 Sec. 200.i 1-09. (a) The responsible for manner. up litter. of any dog or any person having the custody or control of any dog shall be ig up any feces of the animal and disposing of such feces in a sanitary (b) It � unlawful for any person owning, keeping or harboring a dog to cause or permit said dog to on properiy, public or private, not owned or possessed by such person without having in is/her immediate possession a device for the removal of feces and depository far the transmission of excrement to a proper receptacle located on the property owned or possessed by such person. 0 (c) It is unlawful for any person in control of, causing or permitting any dog to be on any properry, public or private, not owned or possessed by such person to fail to remove feces left by such dog to a proper receptacle located on property owned or possessed by such person. (d) The provisions of this section shall not apply to the ownership or use of any pro rly idenrified service dog which aids persons who are totally or partially blind or deaf or hav physical or sensory disabilities, dogs when used in police activities by the city, or trac " g dogs when used by or with the pernrission of the city. (e) Any person violating this section shall be punished by a fine of ten dollazs ($10.00) or five (5) hours of public lands fecal clean-up. Any person who is found guilty,b�f subsequent violations of this section shall be punished by a fine of at least twenty-five �ollars ($25.00) but not more than fifty dollars ($50.00). � ( fl Any peace officer, animal control officer, pazk ranger, or a4iy duly authorized assistant, or any duly authorized agent, or any person authorized�the environmental health officer should be responsible for issuing the tags. (a) A potenti� � � � � The owner of a do¢ ma b�quired to complete an approved doa obedience CI3SSi �����5 / � The animal mav be required to be muzzled and restrained bv chain or leash not to exceed six feet in leneth and under the control of a person ei teen vears of age or older at all tnnes it is outdoors and not inside a proper enclosure � required. licensin� � desiealation and issue the a�propriate orders. Sec. 200.12. Dangerous animals. (�a) �1 dangerous animal is an animal which has: l�r. Without provocarion Ecaused bodily injury or disfigurement to any person on public or private property; or 2�. Without�rovocation �engaged in any attack on any person under circumstances which would indicate danger to personal safety; or b � 3 � �e: E�ibited unusuaily aggressive behavior, such as an attack on another auiinal; or {�. Bitten one (1) or more persons on two (2) or more occasions; or �5 e. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, and the auiival aggressively bites, attacks, or endangers the safety of humans or domesric animais; or �� �i�s 4F'resh wounds, scarring, or is observed in a ght, or has other indicarions which to a reasonable person evidence at the animal has been or will be used, trained or encouraged to fight wi �another animal; or another animal. 'r.���nir ii�nii:�r m�i�r w _ ' "' " _" " ' �"" '__ _ "_ _ "' _ ' "'_' ' ' • e_ ,.:.�:.:��.:_,:. : .:.,.:,:.. o, _»Z� _ � _ _ _ _ _ _ _ _ _ _ _ _ Y ���l�lil �l1�1�����l�a - • _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ��YS� . . . . . l�� (e� �roirie���zg environxnental health officer sh� animal upon receiving evidence subdivision (al. �� 0 �nation as daneerous animal. The eem# e� �-ta designate any animal as a dangerous that the animal meets any of the criteria in - -- --- -- --- - -- - -�.:�..�G' - -- -- - -- - • Y �� is dangerous. may proceed in the followine manner: � officer. � � c. '� in custodv. If the animal is ordered into custodv for deshuction, the owner shall immediatelv make the animal available to the aniinal control supervisor and failure to do so shall be a misdemeanor. � orderin� the immediate seizure and quarantine of a rabies-suspected animal. Any.person who fails or refuses to release an animal to an animal control officer or nolice officer u�on demand, after it has been found by the environmental health officer to be daneerous and ordered into custodv for destruction, shail be . u��iltv of a misdemeanor. � The environmental health officer may apply to the district court of Ramsey Countv for subpoenas for hearines under pazag_raph (1 b. above. O 1 _ 13'b� (€e) Authority to order destruction. The hearine officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the avimal be destroyed based on a written order contairying one (1) or more of the following findings of fact: � (1) The animai is dangerous as demonstrated by a vicious attack unprovoked attack, an attack without waining or multiple attacks; or (2) The owner of the animai has demonstrated an inabi � or unwillingness to control the animal in order to prevent injury to persons o other animals. .. .. � -- - ----- - -- - - -- -- - - - - - -- -- - - '- -- 2 (i� Stopping an attack. ff any police officer or animal control officer is witness to an 0�-�1'b7 3 attack by an animal upon a person or another auiinal, the officer may take whatever means the 4 officer deems appropriate to bring the attack to an end and prevent further injury to the victim. 5 6 (�g� Notifzcation of new address. The owner of an auimal which has been iden ' ed as 7 dangerous or potentially dangerous must notify the environmental health officer � 'ting if the 8 anunal has died or is to be relocated from its current address or given or sold t other person. 9 The notification must be �ven in writing at least fourteen (14) days prior to e relocation or 10 transfer of ownership. If the auimal has died, notification must be given �ao later than fourteen 11 (14) days after the auimal's death. The notification must include the current owner's name and 12 address, the relocation address, and the name of the new owner, if any, and in the case of the 13 14 15 16 17 well as information relating to the disposal of the animal. Sec. 200.121. Dangerous animal requirements. 18 (a) Requirements. If the court or environmental health officer does not order the 19 deshuction of an animai that has been declazed dax'gerous, the court or environxnental health 20 officer shall, as an alternative, order any or all o�the following, excepting for dogs, in which case 21 all shall be applicable and which will be revie�ed on an annual basis by the animal control 22 officer. If, in reviewin2 the conditions for keepin¢ a daneerous doQ there haue been no 23 ordinance violations for a period of two ycars, the environmental health officer may use 24 discretion in determining whether the conditions set forth below are still required: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (1) That the owner provic�e and maintain a proper enclosure for the dangerous animal � as specified in sectid'n 200. i�(ej(3j01; and (2) Post the front and the rear of the premises with clearly visible waming signs, including a wari ing symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; and (3) Provides and shows proof annually of public liability insurance paid in full in the minimum amount of three hundred thousand dollars ($300,000.00). The owner animal is impounded, proof of insurance must be demonstrated the animal's release; and (4) I�"the animal is a dog and is outside the proper enclosure, the dog must be F ,muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet ; in length) and under the physical restraint of a person eighteen (18) years of age or 3 !' older. The muzzle must be of such design as to prevent the dog from biting any „` person or animal, but will not cause injury to the dog or interfere with its vision or � respiration; and 46 j(5) If the animal is a dog, it must have an easily identifiable, standazdized tag 47 � identifying the dog as dangerous affixed to the dog's collar at all times as 48 ,f specified in Minnesota Statute 347.51; and 49 " 50 (6) Provides and shows proof of microchip identification as required in section 51 200.16; and 1 (7) All animals deemed dangerous by the environmental health officer shall be o►- t71'l 2 registered with Ramsey County wiUun fourteen (14) days after the date the animal 3 was so deemed and provide satisfactory proof thereof to the environmental health 4 officer. 6 ($7) If the animal is a dog, the dog must be-i�eease� have a lifetime license and be 7 up to date on rabies vaccinarion. If the animal is a cat or ferret, it must be up to 8 date with rabies vaccinarion. � 9 10 (b) Seizure. Aninial control shall immediately seize any dangerous an 11 does not meet each of the above requirements within fourteen (14) days after 12 sent to the owner that the animal is dangerous and no appeai has been filed. � . !f!T_iF _ __ _ the owner e notice is 15 (c) RecZaiming animals. A dangerous auimal seized under suUs'ection 200.121(b) may be 16 reclaimed by the owner of the animal upon payment of impoundi�and boarding fees, and 17 presenting proof to animal control that each of the requirements subsection 200.121(ab) is 18 fulfilled. An animal not reclaimed under this section within faiirteen (14) days may be disposed 19 of as provided under section 200.12(€�, and the owner is 20 incurred in confining the animal. 21 to animal control for costs 22 (d) Subsequent offenses. If an owner of an ani4nal which has been declared daneerous and . 23 is subject to the conditions of &200.121 has � 24 �BA�� allegedly failed to comply with the � conditions, the animal must be seized by 25 animal control. Notice shall be nrovided to the owner of the basis for the seizure and the ri¢ht to 26 �ie-e�nef-r�tay request a hearing . before the LIEP hearin o¢ fficer 27 to determine whether the conditions were violated. A reauest for hearin� must be made within 28 fourteen davs of the seizure. If the own�r fails to request a hearing within fourteen da �� is 29 found to have violated th� ----�-=--- °=- __ ti:_ti .ti_ ,._.__, _____ __.__a �L_ _�_ :__�...,...a..l L,...IaL 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 conditions, the LIEP hearin¢ ofi manner and the owner shall pay have violated the conditions. � --- ��a, the owner m Z��.i21�C�. rr.ti_ __.._.� :_ �''`. (e) Registrc annual registration fee shall be paid p� Sec. 200.13. ; shall order the animal destroyed in a proper and huxnane costs of confining the animal. If the owner is found not to reclaim the animal under the provisions of subsection 7 fee. An owner of an animal that has been declared dangerous shali pay an of seventy-five dollars ($75.00). If the animal has been impounded, the to the animal's release. of unclaimed dogs. 45 At th� expiration of the time a dog is impounded as provided for in this chapter, if said 46 dog has noS�been reclaimed in accordance with the provisions hereof, it shall be the duty of the 47 enviro ntal health officer to cause such dog to be ic�ec� destroved according to the most 48 human and approved methods, or otherwise disposed of, as directed by the environmental health 49 offic . 50 51 Sec. 200.14. Dogs; disturbing the peace; enforcement. 1 It shali be unlawful for any person to own, keep, have in possession or harbor any dog 2 which howls, yelps or barks to the reasonable annoyance of another person or persons. Any D�- � 3 3� 3 person violating this secrion, who upon first request by a peace officer, or the animal control 4 supervisor to stop or prevent the annoyance, and refuses to comply with the request, wiil be 5 issued a citation or arrested in accordance with the Minnesota Rules of Criminal Procedure, and, 6 if the officer deems it necessary to stop the annoyance, may have the dog taken to the ci auimal 7 �etu� control center. Any dog placed in the � aziimal control center may be recla' ed by 8 the owner upon payment of the fee prescribed in section 200.0$7 and if not recla may be 9 disposed of in the manner provided in section 200.13. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Sec. 200.15. Maximum number of dogs. No more than three (3) dogs of over the age of three (3) mdnths shall be kept, harbored or maintained within any individual dwelling unit or on any lot or ather parcel of property in the city without a permit. The number of dogs permitted above may be increased by obtauung a permit issued by the animal control supervisor. Such permit shall specify any restrictions, limitarions, conditions or prohibitions which the environmental health officer deems reasonably necessary to protect any per5on or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyasice, or to protect the public health or safety. Such permit may be modified from time to time:or revoked by the �--�=---� --`-, L_._LL _fG __.. animal control supervisor for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shail be effective from and after ten (10) days following the mailing of written notice thereof by maintaining such dogs. Denial, mo� Sec.200.16. Microchip The owner of a dangero�z's dog is required to haue a microchip installed or injected on the 11 b� installed in or injected under the skin of the animal by a licensed e�gned so that, when scanned by an electronic reader, it is capable of � of the dog's owner. An appropriate fee shall be paid by the owner to r the microchip and the registrarion of the dangerous dog. The and residence shall be maintained on file at the city pound. animal. The microchip sha veterinarian and shall be d providing the identificatio� the licensed veterinarian identification of the owt�er Sec. 200.17. Collars. material strong e�ou type of prongs�pr we to the animal' ' n� tie outs. may not exceed two (2) pounds in weight and must be made of durable to hold the dog it is intended for. Collars may not be equipped with any ded devices on the inside of the collar that may cause injury or discomfort Le hes. Leashes must not exceed six (6) feet in length and may not exceed four (4) pounds i total weight. Tie outs. Tie outs must be at least three (3) times the length of the animal secured to it y not exceed ten (10) pounds in total weight. Tie outs must be of durable material, strong to hold the animal it is intended for. Any animal secured with a tie out must be so in an area that would not allow the animal to become tangied around objects while allowing access to shelter and water. Tie outs must be placed in such a location as to inhibit the animal secured from mail to the person or persons keeping or required. reaching a public sidewalk, sireet or alley. ffls� �The tie out must not allow the secured animal access to any neighboring property unless written permission has been obtained from the n �_t��1 properiy owner. Sec. 200.18. Appeal process. This ordinance shall take effect and be in force thirty (30) days following its passage, approval and pubIicarion. j' � Y� J t� ! A ! � � f ,. Adopted by Council: Adoption Certified by ou Hy: Approved by Mayor: Date Secretary Requested by Department of: � � � ^�i ,/� ��� � { , By: JLV-(/.UA^,.T� Y'7 i�-u G/ J./ Form Approved by City Att ney , \ By: � Approved by Mayor for Submission to Council Sy: Sy: JG4LLV31 L